LAWS(GAU)-2019-4-150

FATIMA BEGUM Vs. PRATIVA TALUKDAR AND 7 ORS.

Decided On April 05, 2019
FATIMA BEGUM Appellant
V/S
Prativa Talukdar And 7 Ors. Respondents

JUDGEMENT

(1.) Heard Ms. M. Bhattacharjee, the learned counsel for the appellant and Mr. A. Dutta, the learned counsel for the respondent Nos. 5 & 6. Also heard Ms. M. Choudhury, the learned counsel for the respondent Nos. 7 & 8. None appears for the remaining respondents.

(2.) The appellant being aggrieved with the Judgment and Award dated 20.07.2012 passed by the learned Member, MACT Kamrup, Guwahati (the Tribunal) in MAC. Case No. 2695/2005 has filed the instant appeal seeking enhancement of the compensation. Appearing for the appellant, Ms. M. Bhattacharjee at the outset submits that the appellant would like to restrict the ground of challenge only on the calculation made by the learned Tribunal by taking into account the age of the claimant instead of the age of the deceased.

(3.) Brief facts of the case is that the appellant filed a claim application before the Tribunal claiming compensation from the opposite parties arrayed in the claim on account of the death of her son in a motor accident involving Super Bus bearing registration No. AS-07/A-2665 and a Truck bearing registration No. AS-04-3837 on 19.08.2005 in National Highway-37 at Harmati under Jakhalabondha Police Station. The deceased was travelling in the Super Bus at the relevant time and when it collided with the Truck, he died on the spot. The deceased was a skilled master tailor, earning about Rs. 9,000/- to Rs. 10,000/- per month during the relevant time. On account of his death, the appellant, who is his mother filed the claim petition before the Tribunal claiming a sum of Rs. 27,64,000/- as compensation.