RAFIK ALI Vs. ISHAQUE AHMED KHAN AND 4 ORS.
LAWS(GAU)-2018-5-158
HIGH COURT OF GAUHATI
Decided on May 07,2018

Rafik Ali Appellant
VERSUS
Ishaque Ahmed Khan And 4 Ors. Respondents

JUDGEMENT

MIR ALFAZ ALI, J. - (1.) Heard Ms. P Bhattacharjee, learned counsel for the appellant and Mr. B Purkayastha, learned counsel for the respondents.
(2.) This appeal is directed against the judgment and award dated 10.08.2012 passed by MACT, (FTC) Sivasagar in MAC Case No. 5/2007.
(3.) The brief facts necessary for disposal of this appeal are that one Horen Bharali (since deceased), husband of the claimant, was proceeding from Sivasagar to Guwahati by driving vehicle No. AS-04/E-3258 (Tata Sumu), owned by the appellant herein. While he was so proceeding, the vehicle bearing registration No. AS-01/U-6087, which was coming from opposite direction and was driven in a rash and negligent manner, hit the vehicle driven by the deceased and consequently he sustained injury and died instantaneously. The claimant, wife of the deceased, filed an application before the MACT, Sivasagar claiming compensation and the learned Tribunal by the impugned judgment and award, granted a compensation of Rs. 4,23,000/- (four lakhs twenty three thousand only) with interest @ 6% per annum from the date of filing claim petition. Learned Tribunal while awarding the compensation as above, apportioned the liability equally between owner/insurer of both the vehicles involved in the accident attributing 50% contributory negligence to the deceased and directed the owner of the vehicle No. AS-04/E-3258, the present appellant, to satisfy 50% of the award.;


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