UNION OF INDIA AND ANOTHER Vs. ABDUL FATTAH AND ANOTHER
HIGH COURT OF GAUHATI
UNION OF INDIA AND ANOTHER
Abdul Fattah And Another
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(1.) Heard Mr. SK Medhi, the learned Central Govt. Counsel appearing on behalf of the appellant i.e. the Additional DIG, BSF, Masimpur, Silchar, Cachar. None appears on call for the respondents.
(2.) By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the judgment and order dated 07.01.2011 passed by the learned Member, MACT, Karimganj in MACT Case No.6/2009.
(3.) As per the claim petition, on 09.12.2008 at about 8:30 AM, while the victim Tanbir Hussain (aged 10 years) was going on foot from the point of Ferry Ghat road towards Malua Idgah by the left side of Karimganj Silchar Road (NH-44), at that point of time a BSF Vehicle bearing Registration No.AS-11-AC/0039 (BSF, S.Toner), coming from Karimganj and proceedings towards Silchar, which was driven in rash and negligent manner, knocked down the victim from behind. As a result, the victim sustained grievous injuries on his head and other part of his body. Immediately thereafter, he was taken to Karimganj Civil Hospital where the doctor declared him dead. Post mortem was done thereafter. The respondents No.1 & 2, who are the parents of the deceased minor child, had filed a claim case, claiming compensation of Rs.5 Lakh with interest from the date of the application till realization.;
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