SIMA MALAKAR Vs. SWAPNA SAHA

JUDGEMENT

(1.) The instant miscellaneous appeal has been filed by the claimants for enhancement of compensation u/Sec.173 of the Motor Vehicles Act, 1998 against the judgment and award dt.31.8.2016.

(2.) The facts, in a nutshell, which are relevant for the purpose leading to examine the matter, are that on 30.11.2013 at about 2.00 p.m. while the deceased Karna Malakar, the husband of the claimant appellant No.1 and father of the claimant appellant No.2, was proceeding from Dudhpur to Kumarghat on his motorcycle accompanied by two others through Assam-Agartala road and while he reached at Bethcherra, it collided with a truck (oil tanker) which was coming from the opposite side with the abnormal/high speed in a rash and negligent manner knocked him down. As a result thereof, Karna Malakar sustained fatal injuries on his person and died instantaneously on 01.12.2013 at about 11.30 a.m. Autopsy was done over the dead body of the deceased Karna Malakar.

(3.) On the basis of the pleadings of the parties, two issues were framed before the Tribunal.