SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Gau) 1370

MIR ALFAZ ALI
New India Assurance Co. Ltd – Appellant
Versus
Bibek Barhoi – Respondent


Advocates Appeared:
For the Appellant :Mr. K K Bhattacharyya, Advocate
For the Respondent:Mr G Bokalial, Advocate

JUDGMENT & ORDER :

Mir Alfaz Ali, J.

This statutory appeal under section 173 of the MV Act is filed by the Insurance Co. against the judgment and order dated 31-3-2014 passed by MACT, Tezpur in MAC Case No. 120/2010.

2. The brief facts of the case were that on 18-9-2009 one Biswajit Baroi (since deceased) visited the house of his uncle, where the respondent No. 1, the owner of the vehicle bearing registration No. AS-12/D -2485 was also present. From the house of his uncle, the deceased Biswajit Baroi proceeded by riding the motorcycle of the respondent No. 1 for some works. While he was proceeding by riding the motorcycle, suddenly, a cow tried to cross the road and in order to save the cow, when he applied the break, the motorcycle capsized and consequently, he fell down. As a result of the accident, he sustained injury and died on the spot. The parents of the deceased filed an application praying for compensation and the learned tribunal by the impugned judgment, awarded a compensation of Rs. 4,45,000/- with interest @ 7.5% from the date of filing of the claim petition.

3. Aggrieved by the award, the Insurance Co. preferred the appeal.

4. Mr. K. K. Bhatta, learned counsel for the appe




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top