SUKLA CHAKRABORTY Vs. DIRECTOR OF AGRICULTURE

JUDGEMENT

(1.) Heard Mr. J. Das, learned counsel for the appellant. Also heard Mr. G. Sarma, learned Govt. Advocate, Assam appearing on behalf of the respondent.

(2.) . This appeal is directed against the judgment and award dated 03 -09 - 2009 passed by the learned Member, MACT, Karimganj in MAC Case No. 79/2006 seeking enhancement of the amount awarded by the learned Tribunal on account of death of the husband of the claimant/ appellant No. 1.

(3.) The brief factual background of the case is that the husband of the appellant/ claimant No. 1 and the father of the appellant/ claimant No. 1 Sankar Chakraborty met with an accident on 01 -11 -2005 when he was pillion riding a scooter along with another person, named, Amar Dev which had met with a accident resulting into death of both the rider as well as the pillion rider. The accident occurred on 01 -11 -2005 when a jeep bearing number AS - 10/1900 belonging to the Department of Agriculture, Karimganj came on dashed against the scooter while being driven by rash and negligent manner. The case of the appellant/ claimant is that at the time of his death the deceased was aged about 39 years and was earning Rs. 6,500/ - per month in connection with his employment. It was also the case of the appellant that the accident took place solely on account of rash and negligent driving on the part of the driver of the jeep Shri Jadav Lal Choudhury. Under the circumstances, the claim petition was filed by the claimant seeking an amount of Rs. 8,00,000/ - as compensation.