USHA RAJKHOWA Vs. PARAMOUNT INDUSTRIES

JUDGEMENT

(1.) HEARD Mr. J. Singh, learned senior counsel assisted by Mr. LA. Talukdar appearing for the appellants. Also heard Mr. S. Dutta, learned counsel appearing for the respondent No. 3 and Ms. M. Chaudhury, learned counsel appearing for the respondent No. 2. None appeared for respondent No. 1 in spite of service of notice.

(2.) THIS appeal has been preferred by the claimants-appellants against the judgment and order dated 7. 3. 2001 passed by the learned Member of the Motor Accidents claims Tribunal at Golaghat in M. A. C. Case No. 13 of 1999.

(3.) NECESSARY facts may be stated herein, in a nutshell: a claim case was filed by the applicant usha Rajkhowa claiming compensation on account of death of her husband Yadav rajkhowa in a motor vehicle accident. The claimant's case is that on 5. 12. 1998 at about 7 p. m. her husband went to Dergaon market from his house at Dadhara in his maruti car bearing No. WB 12-6287. On the way to Dergaon, one truck bearing No. NLA 241 coming from Jorhat side towards bokakhat in a rash and negligent manner dashed against Maruti car causing the instant death of her husband. She being the wife of the deceased filed claim petition claiming for an award of Rs. 10,00,000. The deceased Yadav Rajkhowa was the owner of Maruti car and he himself drove the same at the time of the accident. The car was insured with Oriental Insurance co. Ltd. The offending truck belongs to paramount Industries, Jorhat which was insured with United India Insurance Co. Ltd. , Golaghat Branch.