BISWAJIT CHOWDHURY Vs. AKLESH SAH

JUDGEMENT

(1.) Heard Mr. G. Jalan, learned counsel for the appellants. Also heard Ms. S. Roy, learned counsel for the respondent No. 3/ Insurance Company. None has appeared for the respondent Nos. 1 and 2.

(2.) By filing this appeal the appellants have assailed the impugned judgment and award dtd. 30/11/2016 passed by the learned Member, MACT No. 2, Kamrup (M) at Guwahati in connection with MAC Case No. 551/2013 whereby the learned Tribunal had awarded compensation on the conventional heads but had ruled that the claimants/ appellants Nos. 1 and 2 were not dependents of the deceased and therefore, were not entitled to claim compensation on account of deprivation of dependence.

(3.) The facts of the case, in a nutshell, are that late Ispita Chowdhury, i.e. the wife of the appellant No. 1 and the mother of appellant No. 2 had suffered death in a motor accident which took place on 3/3/2013 at about 05:30 p.m. on the NH-37-A while she was travelling on a pillion in a scooty bearing registration number AS-12/G-9769. The speeding truck belonging to the respondent No. 1, being driven in a rash and negligent manner by the respondent No. 2, came from behind and hit the scooty, which had resulted into grievous injury on all the riders leading to death of the victim. It was projected before the learned Tribunal that the deceased was a dynamic young lady, aged about 32 years and at the time of her death, she was an earning member of the family. According to the claimants due to her premature death, the family was plunged into serious financial crisis. The appellant No. 1, i.e. the husband of the deceased had projected himself as a businessman having an earning between Rs.10,000.00 to Rs.12,000.00 per month but the appellant No. 2 Miss Yashashree Chowdhury i.e. the minor daughter of the victim had no income. The defaulting vehicle was insured with the National Insurance Company Ltd. As such, the appellants as claimants had filed the claim petition seeking an amount of Rs.50,00,000.00 (Rupees Fifty Lakhs) as compensation with a further prayer to award a sum of Rs.50,000.00 as no fault liability as per Sec. 140 of the Motor Vehicles Act, 1988.