MD. HARUN ALI Vs. MRS. AFIA BEGUM

JUDGEMENT

(1.) Heard Mr. B. Haldar, learned counsel for the appellant. Also heard Mr. S. Dutta, learned counsel appearing for the sole respondent. This appeal is preferred against the judgement and award dated 10/01/2006 passed by the learned Member, MACT, Morigaon in connection with MAC Case No. 18/2004 awarding an amount of Rs. 2,20,000/ - as compensation on account of death of the son of the claimant together with interest calculated thereupon with effect from the date of the award till realization at the bank rate prevailing on the date of the award.

(2.) The son of the claimant, viz. Atabur Rahman was knocked down by the truck bearing No. NLH -8346 belonging to the appellants while he was riding a bicycle and coming from Telahi to Morigaon. The said Atabur Rahman was hit by the truck from behind as a result of which he died on the spot. Accordingly, the claimant had filed a claim petition seeking compensation for an amount of Rs. 5 lakhs claiming that the age of the deceased on the date of death was 18 years and he was having an income of Rs. 5,000/ - per month out of his business.

(3.) The appellants being the joint owners of the vehicle had appeared and filed their written statement denying the claim of the claimant. The appellants had also taken the plea of contributory negligence on the part of the deceased and on such basis had denied their liability to pay any compensation to the claimant.