LAWS(GAU)-2021-3-94

MONALISHA DEKA SAIKIA Vs. ORIENTAL INSURANCE COMPANY LTD.

Decided On March 30, 2021
Monalisha Deka Saikia Appellant
V/S
ORIENTAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) Heard Mr. G. Bokalial, learned counsel for the applicant and Mr. S.K. Goswami, learned counsel for the opposite party.

(2.) This application is by the claimant in MAC Case No. 463/2014, wherein an award dated 23.10.2018 was passed by the learned Member, Motor Accident Claims Tribunal, Nagaon. The husband of the applicant no.1, who was the father of the applicant nos. 2 and 3 died in a road traffic accident when the vehicle bearing registration number AS-01-AD-1138 fell down from the road after its front left tyre had burst while being driven on Highway and resultantly, the vehicle fell down in a roadside pond and the predecessor-in-interest of the applicants had died on spot. At the date of death, the deceased was 37 years of age and was working in the Office of the Deputy Director of Economic & Statistics, Jorhat and claim on account of loss of dependency was computed at Rs.29,03,760/- and accordingly, by computing compensation of a total sum of Rs.70,000/- on account of loss of estate, funeral expenses and loss of consortium, the total compensation to the extent of Rs.29,73,760/- with interest @ 7% p.a. from the date of award till payment was awarded.

(3.) This Court by order dated 06.03.2019, passed in I.A.(C) 804/2019 arising in the connected appeal, had stayed the operation of the award subject to deposit of 50% of the awarded amount before the Registry. Accordingly, the applicants have prayed that the deposited amount be released in their favour.