UNITED INDIA INSURANCE CO.LTD Vs. PUSPALATA BARIWAR

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned senior counsel assisted by Ms. S. Mushahary, learned counsel for the appellant. I have also heard Mr. P. Chakraborty, learned counsel representing the respondent no. 1; Mr. W. A. Sheikh, learned counsel for the respondent no. 3 and Mr. T. R. Gogoi, learned counsel for the respondent nos. 4 and 5.

(2.) This appeal under Sec. 173 of the Motor Vehicle Act,1988 has been filed assailing the impugned judgment and award dtd. 30/11/2007,passed by the learned Member, Motor Accident Claims Tribunal (FTC), Barpeta, Assam in MAC CaseNo.780 of 2005 by which the appellant has been directed to pay a compensation amount of Rs.7,40,252.00(Seven lakhs forty thousand two hundred fifty two)only to the claimant/respondentNo.1,and to deposit the said amount within 90 days from the date of the judgment and award failing which to pay an interest at the rate of 6% per annum from the date of filing the claim petition till realization.

(3.) The facts of the case is that, on 29/3/2005, the deceased, Suresh Bariwar, husband of the claimant, at about 5:30 pm along with some other B.S.F. personnel were returning from operational duty from Barpeta Road and proceeding towards their camp at Gunakuchi, Barpeta in a vehicle bearing registration No. AS15A/2137 (TATA-407), which was requisitioned by the District Administration and provided to the BSF personnel, unfortunately, met with an accident at No. 31 NH way near B.H. College, Hatapara and as a result he sustained grievous injuries on his person and he was immediately shifted to GMC Hospital. But despite of such long treatment, the deceased did not recover and ultimately, he died on 16/4/2005 at GMCH,Guwahati.