UNITED INDIA INSURANCE CO. LTD. Vs. BEENA RANI

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel appearing for the appellant, Mr. T. Chakraborty, learned counsel for the claimant/respondent No. 1. Also heard Mr. G. Pegu, learned Government Advocate for the State of Assam.

(2.) This appeal under Sec. 173 of the Motor Vehicle Act, 1988 has been filed assailing the impugned judgment and award dtd. 30/11/2007 passed by the learned Member, Motor Accident Claims Tribunal,(FTC), Barpeta, Assam in MAC Case No. 781 of 2005 by which the appellant has been directed to pay a compensation amount of Rs.8,30,420.00 (Eight lakhs thirty thousand four hundred twenty) only to the claimant/respondent No. 1 and to deposit within 90 days from the date of the judgment and award failing which to pay an interest at the rate of 6% per annum from the date of filing the claim petition till realisation.

(3.) The facts of the case is in narrow compass. On 29/3/2005, the deceased, Suresh Bariwar, husband of the claimant, at about 5:30 pm along with some other B.S.F. personnel were returning from operational duty from Barpeta Road and proceeding towards their camp at Gunakuchi, Barpeta in a vehicle bearing registration No. AS-15A/2137(TATA-407), which was requisitioned by the District Administration and provided to the BSF personnel, unfortunately, met with an accident at No. 31 NH way near B.H. College, Hatapara and as a result he sustained grievous injuries on his person and he was immediately shifted to Barpeta Civil Hospital where he has succumbed to injuries.