NATIONAL INSURANCE COMPANY LIMITED Vs. MD. RAKET ALI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied by the judgment and award dtd. 17/11/2014 passed by Motor Accident Claims Tribunal No.2, Kamrup at Guwahati in MAC Case No.1054/2012, the Insurance Company has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (hereinafter after referred to as "1988 Act" for the sake of brevity).

(2.) The following facts emerge from the record of this appeal. It is the case of the respondent Nos.1 and 2/claimants that their son Manowar Hussain succumbed to the injuries received in an accident which took place at Mukalmua Chowk on 4/1/2012 as he was hit by a motorcycle bearing registration No.OR-19/L-9293. It is the case of the claimants that when the deceased reached the scene of accident, i.e. Sapkata, one cyclist tried to cross the road and at that moment to save the cyclist, he fell down on the road and at that moment he was knocked down by the aforesaid motor cycle, which was being driven in rash and negligent manner. It is the case of the claimants that their son sustained serious injuries and ultimately succumbed to the same during treatment on 5/1/2012.

(3.) An FIR was lodged with Mukalmua Police Station, which was registered as Mukalmua P.S. Case No.13/2012 for alleged offences under Ss. 279/304(A)/427 IPC. Thereafter, the present claim petition under Sec. 166 of the 1988 was filed claiming a total sum of Rs.10,00,000.00 as compensation, wherein it was claimed that the deceased was 22 years old and was a businessman and was earning a sum of Rs.10,000.00 per month.