NATIONAL INSURANCE COMPANY LTD. Vs. SHIJU KALITA

JUDGEMENT

(1.) Heard Mr. N. M. Dutta, learned counsel for the appellant and Mr. B. Prashad, learned counsel for the respondent No.1.

(2.) In this appeal, under Sec. 173 of the Motor Vehicles Act, 1988, the appellant, the National Insurance Company Limited, has challenged the correctness or otherwise of the judgment and award dtd. 7/7/2018, passed in MAC Case No. 2308/2014, by the learned Additional District Judge No.3 cum Member, Motor Accident Claims Tribunal (MACT), Kamrup (M) at Guwahati ('Tribunal', for short). It is to be noted here that vide impugned judgment and award, dtd. 7/7/2018, the learned Tribunal has directed the appellant-National Insurance Company Ltd. to pay a sum of Rs.6,05,000.00 to the claimants/respondents Nos. 1-4 herein, with interest @ 6% per annum, from the date of filing of claim petition and in the event of failing to pay the same, then the amount shall carry additional interest @ 8% per annum.

(3.) The back grounds facts leading to filing of the present appeal is briefly stated as under:-