NAJRUL HUSSAIN Vs. UNITED INDIA INSURANCE COMPANY LTD.

JUDGEMENT

(1.) Heard Mr. K. Bhuyan, learned counsel for the appellant as well as Mrs. N. Choudhury, learned counsel for the respondent No.1.

(2.) This is an appeal against the judgment and Order dtd. 10/4/2019 in MAC case No.2602 of 2016. Hereafter, the appellant No. 1 shall be referred to as claimant No.1 and appellant No. 2 shall be referred to as claimant No.2.

(3.) Brief facts of the case leading to this appeal is that on 10/8/2016, at about 05:45 A.M, while one Tarap Ali was walking by side of the road, he was knocked down from behind by an Auto bearing registration No. AS-19-E-4214 resulting in his death on the spot. The claimants No. 1 and 2 are the son and wife of the deceased who filed an application under sec. 166 r/w sec. 140 of the Motor Vehicles Act. The victim was carpenter-cum-cultivator alleged of having a monthly income of Rs.10,000.00. The Opposite Party No.1 /United Insurance Co. Ltd., contested the case, denying the whole facts of the incident. The learned Tribunal had framed the following issues: