ABUL HUSSAIN Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Heard Mr. A.R. Sikdar, learned counsel appearing for the appellants. Also heard Mr. H. Buraguhain, learned Counsel appeared on behalf of the respondents.

(2.) This is an application under sec. 173 of Motor Vehicle Act of 1988, filed by claimants/appellants against the judgment and order dtd. 6/8/2015, passed in MAC Case No. 146/2009, by the learned Member MACT, Bongaigaon, whereby no assessment on transportation cost, pain and suffering, love and affection were calculated and interest was also not given from the date of filing of the claim petition.

(3.) Brief facts of the case is that on 29/11/2018, at about 3.45 pm, the deceased son of the claimants namely, Imran Khan, was standing by the side of the Bogibil North Bank (Bogibeel project) and was supervising the works as a Supervisor of the project and at that time, the offending vehicle No. AS01/PC/2923 (Tipper), coming in a rash and negligent manner knocked down the deceased and as a result, he sustained grievous injuries on his person. He was immediately brought to Silapathar P.H.C. but doctors declared him dead. Hence the case.