CHARU BARMAN Vs. SATYA NARAYAN JIWANRAM

JUDGEMENT

(1.) This appeal u/s 173 of the Motor Vehicles Act, 1988 arises out of judgment and award dated 19.9.96 passed by Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in MAC. Case No. 319(K)/93.

(2.) It was on 1.1.93, that Umacharan aged about 42, was returning home as usual from C.P.W.D. Office. Little knowing that he would be knocked down by a car ultimately putting an end to his life. He sustained severe head injuries and despite immediate and efficient medicare, as available in the city, he succumbed to the injuries on 4.5.93 after prolonged treatment and hospitalisation, leaving behind his wife and three school going children. The appellant filed their claim, which was resisted by the respondents owner, insurer on the usual mechanical stereo typed objections with slander or no supporting facts. A plea of contributory negligence was also raised but without any attempt substantiating the same, so much so, the driver of the offending vehicle who was a party, was not examined as a witness, as indeed no evidence was adduced as such by the respondents.

(3.) The learned Member, on the basis of the pleadings, framed the following issues :