BINITA KALITA Vs. REGIONAL MANAGER, ORIENTAL INSURANCE

JUDGEMENT

(1.) Heard Mr. Y.S. Mannan, learned counsel for the appellant and Mr. S. Dutta, learned counsel for the respondent No.3.

(2.) This is an appeal under Sec. 173 of the Motor Vehicle Act, 1988 filed against the impugned judgment dtd. 11/11/2009 passed by the Addl. District and Sessions Judge (FTC) No.2; Member of MACT, Kamrup at Guwahati in MAC Case No.1146/06 (Old MAC No.2906/06) whereby the respondent Insurance Company has been directed to pay compensation amount of Rs.16,42,288.00 to the claimants along with interest there on @6% per annum w.e.f from the date of filing the claim petition till its realization.

(3.) This case has arisen out of the motor accident claim petition filed by the claimants before the Additional District and Sessions Judge seeking grant of compensation for the death of her deceased husband lateBhumidhar Kalita who died due to the hit of the offending vehicle in motor vehicle accident took place on 21/10/2006 at about 10.20 PM at Kamalabari road near Oil new bus stand, Dhuliajan. The accident occurred due to rash and negligent driving of the driver of the vehicle bearing registration no.AS-06/E-2779.