NATIONAL INSURANCE CO. LTD. Vs. NIRAMA SAIKIA

JUDGEMENT

(1.) Heard Ms. S. Roy, the learned counsel for the appellant and Mr. Kush Ram Bora, the learned counsel appearing for the respondents/claimants. None appeared on behalf of the respondent Nos. 3 and 4.

(2.) This appeal is directed against the award dtd. 19/3/2015 passed in MAC Case No. 642/2013 by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati whereby an amount of Rs.36,32,500.00 along with interest @ 6% per annum from the date of filing of the claim petition i.e. 23/4/2013 till payment was awarded in favor of the respondent Nos. 1, 2 and 3 herein.

(3.) The brief facts of the instant case is that the claim petition was filed by the respondent Nos. 1, 2 and 3 herein as claimants stating inter ali that on 13/03/2013 at around 12 noon one Sunil Saikia (since deceased) was proceeding towards Charing by his Motorcycle bearing Registration No. AS 03G/9643 when a Tata Magic vehicle bearing registration No. AS 04/AC- 3604 coming from the same direction in a very rash and negligent manner knocked the deceased from behind besides the house of Sri Boba Phukan at Bahmara Khanikar Gaon. In view of his injuries, the deceased was immediately taken to Sivsagar Civil Hospital but later shifted to Sanjeevini Diagnostic Hospital, Dibrugarh on the same day for better treatment but unfortunately he succumbed to his injuries on 18/3/2013. Pursuant thereto his post mortem was conducted on 18/3/2013 wherein the cause of death was mentioned in the said post mortem report dtd. 25/3/2013 to be "Death was due to coma following the head injuries sustained. All injuries were antemortem caused by blunt impact and 5 –7 days old. Time since death (approx.) : 3 - 6 hrs."