MAHESWAR LAHON Vs. JYOTI BORUAH AND ORS
LAWS(GAU)-2018-9-92
HIGH COURT OF GAUHATI
Decided on September 18,2018

Maheswar Lahon Appellant
VERSUS
Jyoti Boruah And Ors Respondents

JUDGEMENT

Rumi Kumari Phukan, J. - (1.) Heard Mr. M. Chiring, learned counsel for the appellant. Also heard Mrs. R.D. Mozumdar, learned Amicus Curiae appearing for the respondents.
(2.) The respondent No.1. Smt. Jyoti Boruah, preferred a claim petition on behalf of herself and on behalf of her minor children before the learned Motor Accident Claims Tribunal, at Dibrugarh, praying for compensation on account of death of her husband late Munin Borhah @ Mohan in a motor vehicle accident.
(3.) On 8.12.2009, while said Munin Borhah @ Mohan was proceeding on his own bicycle on the left side of the road at National Highway No.37 at Lepetkatta Chariali in the District of Dbrugarh, at that time, a Motor Cycle bearing registration No.AS-06/F-4384, knocked him down, as a result of which, he fell down and sustained grievous injuries on his body. Although, he was admitted at the Assam Medical College and Hospital, Dibrugarh, he succumbed to his injuries after a few hours of the incident. The said Munin Borhah @ Mohan was a Home Guard and also a cultivator. He left behind his wife and three minor children at the time of the incident. The claimant/Respondent No.1 prayed for compensation on account of death of her husband as she was unable to maintain herself and her three minor children. The learned Tribunal issued notice to the owner-cum-driver of the vehicle in question only as the there was no insurance of the vehicle.;


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