AHATON BEGUM Vs. MD. MOSHAROUF HUSSAIN.

JUDGEMENT

(1.) The instant appeal under Section 173 of the Motor Vehicles Act, 1988, as amended, (the Act, in short) is preferred against the judgment and award dated 12.06.2017 passed by the learned Member, Motor Accidents Claims Tribunal No. 3, Kamrup (M), Guwahati (the Claims Tribunal, in short) in MAC Case No. 389/2011. By the said judgment and award dated 12.06.2017, an amount of Rs. 9,60,000/- along with interest @ 6% per annum from the date of filing of the amended claim application i.e. 28.04.2015 till payment was awarded in favour of the claimants.

(2.) The factual matrix of the case is that on 27.08.2010, at about 5-00 p.m., the deceased, Sajahan Ali was travelling, as a passenger, in the offending vehicle bearing registration No. AS-01/Z-4311, a cruiser (the subject-vehicle, in short), from Adabari to Sontoli and when the subject-vehicle reached near Rampur fly-over, it hit a bus coming from the opposite direction. It was averred that the said accident had occurred due to rash and negligent driving on the part of the driver of the subject-vehicle and as a result of the said accident, a number of passengers including Sajahan Ali, sustained severe injuries. Though Sajahan Ali was immediately taken to the Gauhati Medical College and Hospital (GMCH) for treatment, he succumbed to his injuries after a few days on 01.09.2010 in the GMCH. In connection with the accident, a case being Palashbari Police Station Case No. 197/2010 was also registered.

(3.) Claiming compensation for the death of the deceased arising out of use of a motor vehicle, a claim application was filed before the Claims Tribunal under Section 166 of the Act on behalf of 6 (six) claimants, who are the wife, 4 (four) daughters and a son respectively of the deceased. The said 6 (six) claimants are the appellants herein. The said claim application was registered and numbered as MAC Case No. 389/2011.