JOYGON NESSA Vs. MANAGING DIRECTOR, ASTC AND ORS.

JUDGEMENT

(1.) This appeal under Section 173 of the Motor Vehicles Act, 1988 arises out of judgment and award dated 21.03.2011 passed by learned MAC Tribunal, Nalbari in MAC Case No. 346/2007. By this judgment and award the learned Tribunal allowed compensation for Rs. 1, 24, 700/- to the claimant payable by opposite party No. 1, Managing Director, ASTC, Paltan Bazar with an interest at the rate of 6% per annum from the date of institution of the case till realisation. Challenging the judgment, the claimant has prayed for enhancement of the amount.

(2.) One Joygon nessa, as claimant, instituted the proceeding stating that Late Hotu Ali, her deceased husband died in a motor vehicle accident on 09.06.2007 at Batgaon Tarabari Police Station while coming from Guwahati to Barpeta by bus No. AS-20/0792 under ASTC Rhino travels. The bus capsized by the side of the road due to rash and negligent driving and Hotu Ali died on the spot. He was taken to Civil Hospital at Barpeta where post-mortem examination was conducted and a police case was registered being Tarabari P.S. Case No. 39/2007. The claimant stated that her husband was a vegetable vendor and used to earn about Rs. 5,000/- per month. He was about 45 years of age at the time of accident and that he was the sole bread earner of the family. The claimant demanded that a sum of Rs. 7,00,000/- was to be paid to her towards compensation.

(3.) Upon receipt of notice, the opposite parties appeared and filed their written statement denying the case. They stated that the claim is too high and claimant was duty bound to prove the same.