SHEPALI RANI SEAL Vs. ABDUL MOTIN SHEIKH

JUDGEMENT

(1.) Heard Mr. AR Agarwala, learned counsel for the appellant and Mr. R Goswami, learned counsel for the respondent.

(2.) This is an appeal by the claimant/appellant under Section 173 of the Motor Vehicles Act, 1988 for enhancement of the award dated 05-01-2012 passed by the learned Member Motor Accident Claims Tribunal (MACT), Dhubri in MAC case No.488/2009.

(3.) The husband of the deceased late Dwipen Seal died in a vehicular accident involving one Maruti Alto vehicle bearing registration No. AS-01-Z/0843 owned by the respondent No. 1 and insured with respondent No. 2, The New India Assurance Co. Ltd. The claimant, legal representative of the deceased Dwipen Seal approached the Motor Accident Claims Tribunal, Dhubri and the learned MACT made an award of Rs. 3,93,500/- in favour of the claimant fixing the responsibility with the respondent No. 2 to satisfy the award.