LAWS(GAU)-2008-8-26

HAFIZUN BEGUM Vs. MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL

Decided On August 06, 2008
HAFIZUN BEGUM Appellant
V/S
MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL Respondents

JUDGEMENT

(1.) MR. A. M. Mazumdar, learned senior counsel appearing for the appellant. Also heard Ms. M. D. Choudhury, learned counsel for the respondents.

(2.) BY this appeal the appellant challenges the judgment and order dated 30-5-2005 in mac Case No. 139/01 passed by the learned member, Motor Accident Claims Tribunal (herein after referred to as "mact), Darrang, mangaldoi, whereby the appellant/wife has been held entitled to only 1/4th share of the amount awarded due to the accidental death of the appellant's husband Md. Nurool hoque (hereinafter referred to as the "deceased")on 11-3-1997 in a road accident. The appellant also challenges the direction given by the impugned order for awarding the remaining 3/4th share of the awarded amount in favour of brothers (respondents)of the deceased.

(3.) FOLLOWING the accidental death of the deceased, who was working as Typist, the appellant/wife filed a claim petition before the MACT, Darrang and by the judgment and order dated 13-6-2003, a sum of Rs. 6,37,900/-along with interest @ 9% p. a. from the date of filing the claim petition was awarded to the wife.