SABINA YASMIN Vs. MOINUL HOQUE

JUDGEMENT

(1.) Heard Mr. A.R. Agarwala, learned counsel for the appellants. Also heard Mr. R. Goswami, learned counsel, for the respondent No.3. None appears for the respondent Nos.1 & 2.

(2.) This Appeal is preferred under Sec. 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the M.V. Act'), assailing the judgment and award dtd. 8/10/2013, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, whereby a compensation amount of Rs.6,11,700.00 (Rupees six lakh eleven thousand and seven hundred) with interest @8% per annum, from the date of filing of the claim petition, has been awarded to the claimants.

(3.) Brief facts of the case are that on 18/11/2009, at around 9:00 P.M., while the husband of the claimant and two others were walking on the left side of the No.31 National Highway near Botertol, Geramari, a Truck bearing registration No.AS-17-8681, being driven by its driver in a high speed in reckless manner, knocked down her husband and two others from behind. As a result of which, all of them were thrown out of the road causing death of her husband and one Sanjan Ali and Md. Awal Hoque sustained grievous injuries. Immediately after the accident, Police from Gauripur Police Station came and with the help of local villagers and one of the eye witnesses, namely, Ali Hussain took all the injured persons in their police van to Dhubri Civil Hospital but her husband and Sanjan Ali died on the same night at Dhubri Civil Hospital. Post Mortem examination was conducted at Dhubri Civil Hospital. A case being Gauripur P. S. Case No.1/2010, under Sec. 279/338/304-A of the IPC was registered.