CHUTO GAUR Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) The present appeal under 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants against the Judgment dtd. 11/10/2017 passed in MISC Case No. 1/2016 arising out of MAC Case No. 1639/2013 passed by the Motor Accidents Claims Tribunal No. 3 (MACT No.3 for short), reviewing the Judgment and Order dtd. 11/2/2015 passed in MAC Case No. 1639/2013.

(2.) I have learned counsel, Mr. Y.S Mannan for the appellant as well as learned counsel for the Insurance Company/respondent No.1, Ms. R.D Mozumdar.

(3.) The case of the appellant is that on 1/6/2013 at about 7:00 PM when the deceased late Parasuram Gaur was proceeding from Bokul towards his home on foot, and on reaching National Highway No. 37, near Railway Gate Tiniali, the offending vehicle Indigo with R/No. AS-06-H/0237 coming from the same direction and being driven in rash and negligent manner knocked him down from the back side causing grievous injuries on his body which ultimately resulted in his death. In this regard, a case was registered being Lahuwal P.S. Case No. 90/2013 under Ss. 279/304(A) I.P.C. The claimants/appellants filed claim petition claiming an amount of Rs.40,00,000.00 for causing the death of late Parasuram Gaur against the owner, driver of the offending vehicle and the National Insurance Company Limited.