ORIENTAL INSURANCE CO. LTD. Vs. DIPALI SARMA

JUDGEMENT

(1.) This statutory appeal under Section 173 of the MV Act has been filed by the appellant Oriental Insurance Company Ltd challenging the judgment and award dated 07.03.2012 passed by the Motor Accident Claims Tribunal, Nagaon in MACT Case No.488/2009.

(2.) The undisputed facts which may be relevant for disposal of this appeal are that late Bhaba Kanta Sarma died in a motor vehicle accident involving truck bearing registration No.AS-01D-7227, owned by respondent No.2 and insured with the appellant. At the time of accident, the deceased was aged about 65 years. The claimant i.e. the wife of the victim filed a petition for compensation. The learned Tribunal made an award of Rs. 4,74,456/- which included loss of dependency of Rs.4,56,456, Funeral expense Rs.5,000/- loss of consortium Rs.10,000/- and conveyance Rs.3,000/-.

(3.) Mr. SK Goswami, learned counsel for the appellant and Mr. M Choudhury, learned senior counsel for the respondent were heard.