ASSAM STATE ROAD TRANSPORT Vs. JYOTIRMOYEE DAS

JUDGEMENT

(1.) THIS appeal is from the award of the Motor Accidents Claims Tribunal, Darrang at Tezpur dated 31-5-74 in M.A.C. Case No. 10/72.

(2.) MR . Subodh Chandra Das, Sub-Deputy Magistrate, Mangaldoi, aged 34 years, died of multiple injuries sustained in the accident met with by the Assam State Road Transport Corporation's (appellant's) passenger bus No. ASX 1900 on N.T. Road, 8 k.m. west of Mangaldoi Police Station on 6-4-1969. His widow Jyotirmoyee Das in M.A.C. Case No. 10/72 claimed compensation of Rs. 2,50,000/- alleging that the accident was caused by rash and negligent driving of the said passenger bus and it caused her husband's death. The Assam State Road Transport Corporation (hereinafter called 'the Corporation') in its written statement pleaded, inter alia, that the accident took place on account of the high banded action of late Subodh Chandra Das himself; that there was no negligence on the part of the driver; and that claim was highly excessive. Before the Tribunal the claimant examined six witnesses including the two doctors who examined the injured at the Mangaldoi Civil Hospital. The Tribunal having held that the incident took place due to rash and negligent driving and that Mr. Das died as a result of the injuries sustained in the accident, and it having awarded Rs. 1,50,000/- as compensation, the Corporation appeals.

(3.) MR . C.R. De, the learned Counsel appearing for the claimant-respondent, answers submitting that the Tribunal took into consideration the relevant points and, as such, according to him, the award is just and proper, and deserves no interference.