RUMENA BEGUM Vs. GUR SEVAK SINGH AND ORS

JUDGEMENT

(1.) The Appellant herein, the mother of the deceased Haidor Hussain who died in a motor accident, is before us being dissatisfied with the amount of compensation awarded by the learned Motor Accident Claims Tribunal, Golaghat in MACT Case No. 108 of 2000.

(2.) We have heard Mr. G. Soren, Advocate for the Appellant and Mr. D. Majumdar, Advocate for the Respondent No. 3. None appeared for the Respondent Nos. 1 and 2, the owner and the driver of the offending vehicle though service of notice of the appeal had been duly effected on them as well.

(3.) A few facts are necessary to be stated to comprehend the issues involved in the appeal. The Appellant filed an application before the Motor Accident Claims Tribunal at Golaghat claiming an amount of Rs. 7,40,000/- as compensation for the death of her son named hereinabove out of a motor accident which had taken place on 14.3.2000 on the National Highway No. 37 near Krishna Bhandar, Pulibor, Jorhat. It was inter alia, mentioned in the said application that the age of the deceased at the time of his death was 28 years and that, he was at the relevant time, engaged as an office Assistant with M/S A.H.S. Rahman at Bongalpukhuri, Jorhat. His monthly income was stated to be Rs. 5,000/-. The case of the Appellant/claimant is that on 14.3.2000 at about 8 p.m. while the deceased was going towards Jorhat from Pulibor on his bicycle, the offending Maruti Car bearing registration No. WB-74C/7156 dashed him from behind as a result of which he suffered severe head injuries resulting in instantaneous death. The clear and categorical assertion in the application is that the accident had taken place due to rash and negligent driving of the said vehicle. The name of the Respondent No. 1 was provided as the owner of the errant vehicle. It was further stated that at the relevant time the vehicle was insured with the National Insurance Co. Ltd., Dhubri Branch i.e., Respondent No. 3 herein.