NEW INDIA ASSURANCE CO. LTD. Vs. MAMTA DAS

JUDGEMENT

(1.) Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for respondent Nos. 1-3.

(2.) The instant appeal is filed under Sec. 173 of the Motor Vehicles Act of 1988 against the Judgment and Award dtd. 5/7/2014 passed by the learned Additional District Judge No.2, Kamrup (M) in MAC Case No. 2277/2010 filed under Sec. 166 of the Motor Vehicles Act, 1988.

(3.) The facts of the case narrated in the impugned Judgment in brief is that, on 6/11/2010 at about 12 midnight, while the deceased Abhijit Das was coming by his own Motor Cycle bearing Registration AS-01/AH-5390 from Maligaon Chariali towards Lachit Nagar, when he reach Maligaon Railway Gate No.3, the offending vehicle AS-91-AP/4138 (Santro Car) driven in a rash and negligent manner knocked him down from the back side. As a result of the accident, the said Abhijit Das sustained grievous injuries and was immediately admitted at GNRC Hospital, Guwahati. However, on 9/11/2010 the said Abhijit Das succumbed to his injuries and the post mortem on the death body was conducted in the hospital.