BINITA BARUAH PHUKAN Vs. AJIT BORAH

JUDGEMENT

(1.) This is an appeal under Section 173, Motor Vehicles Act, 1988, as amended (hereinafter referred to as the Act), preferred against the judgment and award dated 25.05.2016 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati (hereinafter referred to as the Tribunal) in MAC Case No. 2219/2014. By the said judgment and award dated 25.05.2016, the learned Tribunal has awarded an amount of Rs. 16,32,400/- only as compensation to the claimants therein along with interest @ 9% per annum from the date of filing of the claim application till the date of payment.

(2.) A narration of the necessary and relevant facts, in brief, is necessary. On 16.6.2014, at about 1-10 p.m., one Nitumoni Phukan was travelling as a passenger in a vehicle bearing registration No. AS-03/AS-6019 (Maximo) which was proceeding from Jhajhi towards Jorhat by the National Highway No. 37. When the said vehicle reached near Kenduguri bypass, an area under the territorial jurisdiction of Jorhat Police Station, the said vehicle first dashed against a motor cycle and thereafter, dashed against a truck, which was coming from the opposite direction. As a result of the accident, the vehicle in which the deceased was travelling as the passenger, turned turtle on the road and Nitumoni Phukan sustaining grievous injuries on his person, succumbed to the injuries instantaneously on the spot. It was alleged that the said accident occurred due to rash and negligent driving on the part of the vehicle, AS-03/AS-6019 (Maximo). In connection with the said accident, a case being Jorhat Police Station No. 984/2014 was registered under Sections 279/388/304-A, Indian Penal Code (IPC, in short) against the driver of the vehicle (Maximo) and the case was investigated.

(3.) The appellants herein, who are the wife and the daughter of the deceased, Nitumoni Phukan respectively as claimants instituted a claim application under Section 166 of the Act before the Claims Tribunal seeking compensation for the death of their husband and father respectively in the motor vehicular accident occurred on 16.06.2014. In the claim application, the claimants had sought an amount of Rs. 50 lakhs as compensation from the owner, the driver and the insurer of the vehicle bearing registration No. AS-03/AS-6019 respectively. The said claim application was registered as MAC Case No. 2219/2014.