LAWS(GAU)-2019-7-52

NATIONAL INSURANCE COMPANY LIMITED Vs. PUSPA KUKURACHOWA.

Decided On July 17, 2019
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
Puspa Kukurachowa. Respondents

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned counsel for the appellant as well as Mr. P. Borthakur, learned counsel for the claimants/respondent Nos. 1 to 5.

(2.) This is an appeal against the Judgment dated 13.06.2014, passed by the Addl. District Judge - IV (FTC), Kamrup, Guwahati in MAC Case No. 383/2005, by which the learned Tribunal has awarded compensation of Rs. 15,95,858/- to the claimants, along with interest @ 6% per annum from the date of filing of the petition till final payment.

(3.) The facts of the case in brief is that one Someswar Kukurachowa, while riding a motorcycle on 26.03.2005 at about 3 p.m, met with an accident when a big cow suddenly came out on the road in front of him. The deceased Someswar Kukurachowa fell from the motorcycle and was rushed to the G.M. Hospital, Dibrugarh, where he died the next day, i.e. on 27.03.2005. The deceased expired at the age of 47 years leaving behind his wife, three sons and a daughter. The claim submitted by the respondent Nos. 1 to 5 was thereafter registered as MAC Case No. 1530/2005, which was subsequently renumbered as MAC Case No. 383/2005. After adducing evidence and hearing the parties, the learned Tribunal awarded the compensation amount of Rs. 15,95,858/-, along with interest @ 6% per annum from the date of filing of the claim petition to the claimants.