ROKEYA BEWA AND ORS. Vs. RANU DAS AND ORS.
HIGH COURT OF GAUHATI
Rokeya Bewa And Ors.
Ranu Das And Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. AR Agarwala, learned counsel for the appellants as well as Mr. SK Goswami and Mr. A. Acharyya, learned counsels appearing for the respondents No.2 and 4 respectively. None appears on call for other respondents although notice was duly served.
(2.) By this appeal under Section 173 of the Motor Vehicles Act, 1988, the appellant has challenged the judgment and order dated 08.05.2012 passed by the learned Member, MACT, Dhubri in MAC Case No. 234/2006. By the said impugned judgment and award, the learned Tribunal has awarded a sum of Rs. 4,41,500/- with 6% interest to the claimants, who filed the claim petition on the death of the deceased, namely, Gaji Sheikh, who had died on the spot on 24.04.2006, in a motor vehicle accident that had occurred due to collusion between two vehicles. This appeal has been filed for enhancement of the award passed by the learned Tribunal.
(3.) In the claim petition, it was stated that the accident had occurred due to rash and negligent driving of the offending bus, causing death to the victim herein and two others. The insurers of both the offending vehicles, being respondent No.2 and respondent No.4 herein had filed their respective written statement before the learned Tribunal, taking usual plea of denial and had put the appellants-claimants to strict proof of their claim.;
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