UNITED INDIA INSURANCE CO. LTD. Vs. SARITA JALAN

JUDGEMENT

(1.) Heard Mr. H. Buragohain, learned counsel for the appellant/ Insurance Company. I have also heard Mr. B. Sharma, learned counsel for the respondents/claimants.

(2.) This appeal has been preferred by the appellant against the judgment and award dtd. 21/7/2010 passed by the learned Member, Motor Accidents Claims Tribunal, (F.T.C.), Sivasagar in MAC case no. 46/2002 whereby the learned Member, MACT(F.T.C), Sivasagar has awarded a compensation to the tune of Rs.4,24,660.00 (Rupees four lakhs twenty-four thousand six hundred sixty) against the appellant/ Insurance Company and in favour of the respondents/claimants after considering the basis for their claims and on appreciation of the evidences produced in support of their respective claims.

(3.) The case of the appellant in brief is that on 2/1/2002, the deceased was walking on foot in Amguri town and was hit by a motorcycle bearing registration no. AS-04/B-6008, in front of Kalibari, in which he received injury. He was then immediately taken to N.N.B.Clinic, Amguri. On X-ray, the doctor of N.N.B. Clinic found fracture of neck of femur and hence the doctor referred the deceased to Dibrugarh, where he was admitted at Aditya Diagnostic and Hospital, Dibrugarh. The deceased was in hospital till 14/1/2002. However, he was re-admitted in the hospital again on 9/2/2002. At that time, there was Septicemia in the infected fracture of the femur and he ultimately died on 20/2/2002. The matter was reported to the police on 6/5/2002.