BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. A COMPANY REGISTERED AND INCORPORATED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS HEAD OFFICE AT GE PLAZA, AIRPORT, YERAWADA, PUNE Vs. SMT. MUSTT. NURUNNESSA, WIFE OF LATE ABDUL HOQUE

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel for the appellant. Also heard Mr. A.K. Talukdar, learned counsel representing the respondents.

(2.) This appeal has been preferred by the Insurance Company against the judgement and award dated 05/10/2010 passed by the learned Member, Motor Accident Claims Tribunal, Karimganj in MACT Case No. 47/2008, whereby the learned Tribunal had awarded compensation of Rs. 4,36,000/- together with interest payable on the said amount @ 6% per annum, to be calculated from the date of filing of the claim petition till the date of the award.

(3.) The brief factual matrix of the case is that the husband of the claimant no.1, viz. Abdul Hoque was proceeding on foot along the National Highway No. 44 on the correct side of the road (left side) when he was knocked down by a vehicle bearing no. AS11-E-0219 on 21/02/2008 while being driven in a rash and negligent manner. Due to the said accident, Abdul Hoque sustained multiple grievous injuries and was immediately rushed to the Karimganj Civil Hospital and thereafter shifted to Silchar Medical College and Hospital where he succumbed to his injuries on 26/02/2008. According to the claimants, Abdul Hoque was an agriculturist earning an income of Rs. 12,000/- per month by trading in seasonal vegetables and betel nuts and he was aged about 45 years at the time of his death. On the basis of above fact, the claimants had filed the claim petition claiming compensation of Rs. 15 lakhs.