GUWAHATI, India, April 24 -- Gauhati High Court issued the following order on March 24:

1. Heard Mr. S.Dutta, learned Senior Counsel for the appellant. Also heard Mr. Mollah Khan, learned counsel for the respondents.

2. This appeal is directed against the Judgment and Award dated 04.12.2024 passed by the learned Member, Motor Accident Claims Tribunal, Bongaigaon in MAC Case No. 144/2022 under Section 173 of the Motor Vehicle Act, 1988.

3. The facts of the case may be briefly recounted.

On the fateful day of 13.04.2022 at about 9.00 P.M. while her husband (deceased) namely, Atul Chandra Barman was going from home towards his office, Boitamari Out Post (under Abhayapuri Police Station) by riding the vehicle bearing No. AS-19D-8095 (Motor Cycle) on his own side and when he reached at Hapachara, on 31 No. N.H. Way, at that moment, the driver of a vehicle bearing No. AS-15AC-0966 (TATA ACE) coming from same direction and driving rush and negligent manner, knocked down the said motor cycle of her husband from back side. As a result of which her husband fell down on the road and sustained grievous injuries on various parts of his body. Immediately, he was taken to Lower Assam Hospital & Research Centre, Bongaigaon, for treatment. But her husband unfortunately succumbed his injuries on 15.04.2022 at the said hospital, during treatment. At the time of his death the deceased was aged about 50 years and he was a serviceman as he had been serving as a Assam Police, UBC 132, Bongaigaon D.E.F. Govt. of Assam, from where he received monthly salary of Rs. 50,116/-(Rupees Fifty Thousand One Hundred Sixteen) per month.

4. Notices were issued upon which all the opposite parties appeared by filing their written statement and denying their liabilities.

5. The claimant side examined three witnesses and exhibited some documents, where as the opposite parties examined one.

6. That the learned Member, Motor Accident Claims Tribunal, Bongaigaon without considering the case of the appellant/opposite party No. 1 Insurance Company, vide Judgment and Order dated 04.12.2024 disposed of the MAC Case No. 144 of 2022, by awarding a total sum of Rs. 52,10,076/- (Rupees Fifty Two Lakh Ten Thousand Seventy Six) only to be paid by the O.P. No.1 to the claimants within 3 months along with interest @ 6% per annum from the date of filing of the evidence by the claimants till its realization.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816xz%2BEvYFC2tWUWxo7IUCsUAB5P5yPUlpGPHbl8av%2B92Fg&caseno=MACApp./573/2025&cCode=1&cino=GAHC010086112025&state_code=6&appFlag=)

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