BABUL KONWAR Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Mr. A.K. Gupta, learned counsel appearing for the appellants/petitioners as well as Ms. M. Choudhury, learned counsel appearing for the respondents.

(2.) This appeal is directed against the judgment and award passed by the learned Member, MACT, Tinsukia, dtd. 21/3/2011 in MAC Case No. 145/2009, awarding compensation of Rs.1,00,000.00 (Rupees One Lakh) in favour of the sister of the deceased, claimant/appellant No. 2 Miss. Mrinali Konwar.

(3.) As there is no dispute regarding death of Mridul Konwar in a road traffic accident, which occurred on 9/8/2009 at about 10.00 P.M. due to rash and negligent driving by the driver of the offending vehicle bearing Registration No. AS-23-E-3123 (Bolero GLX) and liability of the insurer of the offending vehicle, the only points to be considered here in this case is:-