NATIONAL INSURANCE COMPANY LTD Vs. ARPANA TALUKDAR

JUDGEMENT

(1.) Heard Mr. R Goswami, learned counsel for the appellant and Mr. BK Jain, learned counsel for the claimant/ respondent Nos. 1,2,3 and 4.

(2.) The present appeal is preferred by the Insurance Company against the judgment and award dtd. 5/8/2017 passed in MAC case No. 79/2014 by the learned MACT, Barpeta. The claim petition has been filed for grant of compensation on the death of Amarendar Choudhury, who died in a motor vehicular accident on 6/12/2013 at Haripur Chowk on the National Highway No. 31.

(3.) The claimant's case in brief is that on the fateful day i.e. on 6/12/2013, husband of the claimant No. 1, along with another person was coming from Bhawanipur Chowk Bazar towards their home by riding a bike bearing registration No. As-15/G-2393 and when they reached the place of occurrence, one speeding truck bearing registration No. NL-01/G-9536 hit them from the front side and as a result, both of them fell down under the truck. They got severely injured, were taken to Barpeta Medical College and Hospital for treatment. Subsequently, they were referred to Gauhati Medical College and Hospital, Guwahati considering the seriousness of injury but the said Amarendar died on the way to GMCH, Guwahati. The claimant further claims that the deceased was a pensioner and used to earn an amount of Rs.10,192.00 as his pension and also earned from cultivation and fishery firming of Rs.15,000.00 per month.