ORIENTAL INSURANCE CO. LTD. Vs. ROOPJYOTI KALITA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the appellant and Mr. S. Bhattacharya, learned counsel for respondent No.7.

(2.) This appeal is directed against the judgment and order dtd. 28/4/2014 passed by the learned Member, MACT Sivasagar in MAC Case No. 58/2004.

(3.) The brief facts of the case is that the respondent Nos.1 to 4 as legal heirs of the deceased Srimanta Kalita, filed a claim petition before the MACT, Sivasagar seeking compensation in connection with the death of Srimanta Kalita who died in an accident which took place on 29/6/2004. It is stated in the claim petition that while the deceased was travelling in a maruti van bearing No. AS-04/D-0075 from Bhutiapar to Gaurisagar, the vehicle was driven by the driver in a rash and negligent manner as a result of which, the said maruti van collided with a stationary truck bearing No. AS- 03/A-8929 from the back side, resulting grievous injury on the person of the victim Srimanta Kalita. Immediately, after the accident the injured was taken to Sivasagar Civil Hospital and subsequently, he was also shifted to Aditya Hospital, Dibrugarh for treatment. However, he succumbed to his injuries on 3/7/2004.