- (1.) The instant appeal is initially filed by the claimant Sri Dasarat Das since deceased, against the Respondents under Section 173 of the Motor Vehicles Act, 1988 ('the Act') challenging the judgment dated 29.6.2005 in MAC Case No. 1388/2003 (904/2003 old) passed by the learned Motor Accident Claims Tribunal, Kamrup, Guwahati wherein the learned tribunal awarded an amount of Rs. 75,000 for the death of the daughter of the Appellant in a motor vehicular accident with a prayer for enhancement of the said amount up to Rs. 1,50,000 applying the multiplier as provided in the 2nd Schedule of the M.V. Act, applicable for non-earning persons, taking note of Section 163A of the M.V. Act.
(2.) During the pendency of the appeal, the claimant-Appellant died and in his place Smt. Rupa Das, wife of the original claimant, mother of the victim deceased daughter namely, Dipandita Das was substituted as Appellant. Heard Mr. I. Choudhury, learned Counsel for the Appellant as well as Mr. A. Ahmed, learned Counsel for the Respondent Oriental Insurance Co. and Mr. D. Saikia, learned Counsel for the Respondent Nos. 2 and 3, i.e., the owner and driver of the offending vehicle respectively.
(3.) Facts needed to be discussed for disposal of the instant appeal are as follows: On 15.5.2001 when the daughter of the Appellant namely, Dipandita Das while coming home from school was knocked down by a speeding Maruti Alto Car as a result of which she sustained injuries and ultimately died. The victim deceased girl was aged about 6/7 years at the relevant time of the accident. According to the Appellant, the incident took place due to the fault of the driver of the Maruti Alto Car bearing registration No. AS-01-K/6579 which was insured with the Respondent No. 1-Oriental Insurance Co. and as such the Appellants are entitled to get compensation in view of the provisions of Section 166 of the M.V. Act as in compliance with the provisions of the said Act an application was made by her deceased husband who was the original claimant in MAC 1388/2003. The Respondent-Opposite parties appeared before the learned Motor Accident Claims Tribunal and contested the case.;