MUHINI THAKURIA Vs. DHIRAJ KALITA

JUDGEMENT

(1.) Claimants in MAC Case No. 54 (K)/86 on the file of the Motor Accident Claims Tribunal, Kamrup, Guwahati are the appellants herein. Respondents are the owner, driver and insurer of truck No. NLA. 2231.

(2.) Uttam Chandra Thakura, eldest son of the first appellant and the elder brother of appellants 2 and 3, while walking from North to South on the extreme left side of the PWD Road at Choudhary Khat at 2.30 p.m. on 7-1-1986, was hit from behind and run over by the truck, which also came from North to South. He sustained serious injuries and died instantaneously. P.Ws. 1 and 4, who witnessed the occurrence, gave information at the house of the victim. The first appellant rushed to the scene and found her son dead any lying in a pool of blood. The local police came to the scene. The dead body was sent to the local hospital for post mortem examination, which was done by P.W. 5. A case was registered against the driver of the truck and after investigation, charge-sheet was filed.

(3.) First appellant filed a claim petition under Section 110-A of the Motor Vehicles Act, 1939 (for short, the Act) against the owner, driver and insurer of the truck claiming Rs. 8,16,000.00 as compensation alleging that the accident was the result of rash and negligent driving of the truck. Subsequently she amended the claim petition putting forward the claim for herself and on behalf of her two minor sons also and enhancing the claim to Rs. 11,31,200.00.