GOLAP LATA GOSWAMI (SMTI.) Vs. AJIT DEKA

JUDGEMENT

(1.) Heard Mr. B.K. Jain, learned counsel appearing on behalf of the appellants/claimants. Also heard Mr. S.S. Sarma, learned senior counsel representing the respondent No. 3 Insurance Company as well as Mr. A. Acharyya; learned counsel appearing for respondent No. 5.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dated 04/10/2007 passed by the Court of Learned Additional District and sessions Judge (1st Track Court) No. 2 cum Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in connection with MACT Case No. 230/2004, seeking enhancement of the amount of compensation awarded by the learned Tribunal on account of death of the husband of the appellant no.1 and father of the appellant no. 2, viz. Late Hemen Sarma.

(3.) The brief factual background of the case is that the husband of the appellant No. 1 late Hemen Sarma had met with an accident on 04.12.2003 in the National Highway No.31. While he was travelling in a Mahindra Pick -up Van No. AS 01/N -9997, at about 12 -30 p.m., a bus coming from the opposite direction and being driven in a rash and negligent manner had met with a collision with the Pick -up Van in which the driver of the vehicle expired on the spot whereas the deceased Hemen Sarma breathed his last on his way to the Gauhati Medical College and Hospital (GMCH), Guwahati. The wife and minor son of the deceased i.e. the appellant Nos. 1 and 2 here -in respectively, had lodged a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation for an amount of Rs. 25 lakhs on account of death of Hemen Sarma. It is the case of the appellants/claimants that the deceased Hemen Sarma was a Class -1A contractor by profession having a monthly income of Rs. 20,000/ - and he was aged about 43 years at the time of this death.