DHRUBA JYOTI CHOUDHURY Vs. PURABI TALUKDAR

JUDGEMENT

(1.) This order will dispose of the two appeals.

(2.) Heard Mr. S.S. Sharma, the learned senior counsel assisted by Ms. L. Sharma, for the appellant in MAC Appeal No. 34/2018. Also heard Ms. R.D. Mozumdar, the learned counsel for the appellant in MAC Appeal No. 84/2018. Mr. B.K. Jain, the learned counsel appears for the respondent/ claimant in both the appeals and I have also heard him.

(3.) Both the appeals are against the Judgment dated 22.08.2017 passed by the learned Member, Motor Accident Claims Tribunal-1, Kamrup, Guwahati in MAC Case No. 2021/2015. Facts of the case in brief is that on 18.05.2015 at about 9.45 pm, Sri Kantakarmakar alongwith his friends Sanjay Basak, Sunil Saha, Prabir Saha and Sanjib Saha were coming from Amtola, Howly to their residents by walking on the extreme left side of Howly in Barpeta PWD Road, near the High School field. Suddenly, a vehicle bearing Registration No. AS-01/MB-4401 (EON Car) being driven in a rash and negligent manner, dashed Sh. Kantakarmakar and Sanjay Basak from the back side. As a result, both of them died on a spot. Sh. Kantakarmakar, the deceased was aged about 38 years at the relevant time and was working in Barnagar College Sorbhog. As a result, the wife of the deceased Smt. Purabi Talukdar, Smt. Anima Karmakar, mother of the deceased and Ms. Krishna Karmakar, daughter of the deceased filed the claim application before the Tribunal. By arraying the owner and driver of the offending vehicle as opposite party Nos. 1 and 2 respectively while arraying the Oriental Insurance Company Limited, the insurer of the offending vehicle as opposite party No. 3. The claimant claimed a sum of Rs. 1.5 crores for the death of Sh. Kantakarmakar in the incident from the opposite party.