SARALA DEKA Vs. DIPEN CHANDRA DAS

JUDGEMENT

(1.) Heard Mr. B.K. Jain, learned counsel for the appellants and Mrs. R.D. Mazumdar, learned counsel for the Insurance Company (respondent no.2).

(2.) The appellants have made a challenge to the judgment dtd. 26/2/2015 passed by the learned Court of the Additional District Judge No.4, FTC, Kamrup (M), Guwahati in MAC Case No.1290/2009, wherein compensation of Rs.3,89,873.00 has been awarded to the appellants/claimants along with interest @ 6% per annum, from the date of filing the claim petition till its realisation. The appellants pray that the compensation amount should be enhanced on the ground that the learned Trial Court had computed the compensation amount as if it were an injury case, instead of a death case.

(3.) The appellants' case in brief is that on 9/12/2007, while the husband of the appellant no.1 and father of the appellant nos.2 to 5 was walking along National Highway 31 at around 7:30 p.m., one Auto Van hit the appellant no.1's husband from behind, as a result of which the appellant no.1's husband fell down on the road and injured the femur of his left leg.