NATIONAL INSURANCE CO. LTD. Vs. KETEKI BARUAH

JUDGEMENT

(1.) This appeal under Section 73 of the Motor Vehicles Act, 1988, for short, MV Act, is directed against a Judgment and award dated 26.11.2013 passed by the learned Member, Motor Accident Claims Tribunal No. - 2, Kamrup, in MAC Case No. 2355/2011.

(2.) On 12.10.2011, while Smti. Bimala Baruah, was proceeding in a motor cycle as a pillion rider, the vehicle met with an accident and she sustained injuries. While undergoing treatment in the Gauhati Medical College and Hospital, she succumbed to her injuries. The deceased was aged about 35 years and she was a Government Teacher by profession and her monthly income was Rs. 15,000/ -. With the aforesaid broad facts, alleging that Bimala Baruah died on account of rash and negligent driving of the offending motor cycle in which she was travelling as a pillion rider, the mother of the deceased as Claimant No. 1 and brother of the deceased as Claimant No. 2 filed a claim petition under Section 166 of the MV Act, praying for compensation of Rs. 10,00,000/ - in the Motor Accident and Claims Tribunal (for short, MACT), Kamrup, Guwahati and the same was registered as MAC Case No. 2355/11 in MACT No. - 2, Kamrup, Guwahati.

(3.) The learned Tribunal held that the deceased was in the age group of 41 to 45 years. The learned Tribunal granted a total of Rs. 15,44,700/ - as compensation and directed the present appellant to satisfy the award. It was further provided that the amount of compensation shall carry an interest at the rate of 6% per annum from the date of filing of the claim petition till its realisation. Out of the awarded amount, Rs. 5,00,000/ - was directed to be deposited in the name of Claimant No. 1 in any Nationalised Bank in the own district of the Claimant No. 1 for a period of 5 years. The total amount of compensation was arrived at by the learned Tribunal as follows: -