ASSAM STATE ROAD TRANSPORT CORPORATION Vs. MAHAMAYA DAS

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award dated 3-10-1975 passed by the Member, Motor Accident Claims Tribunal Kamrup, Gauhati in Motor Accident Claims Case No.90 (K) of 1972.

(2.) THE claimants' case is that one Umesh Chandra Das was proceeding on a bicycle by the left hand side of the road on 23rd October, 1971 at about 10.30 A. M. from his home towards Bhawanipur by the National High-way and the Bus No. ASX 2132 belonging to the Road Transport Corporation, Assam, which was driven by Abdul Gafur Khan at a very high speed, rashly and negligently knocked him down and fled away. As a result of the said accident Umesh Chandra Das sustained severe injuries. He was removed to Bhawanipur State Dispensary. He was given first aid and thereafter he was removed to Barpeta Civil Hospital where he was referred to Gauhati Medical College Hospital and on his way to Gauhati Umesh Chandra Das died on 24-10-1971. At the time of his death he was aged about 52 years and he was serving as Assistant Teacher in the Bhawanipur Government Aided High School. His monthly income was Rs. 450.00 at the relevant time.

(3.) ON the pleadings of the parties the followings issues were framed:-