MALASRI NANDI
National Insurance Company Ltd. – Appellant
Versus
Polia Pator, S/o Late Dunda Pator – Respondent
JUDGMENT :
1. The appeal is filed by the Insurance Company challenging the quantum of compensation awarded by the learned Additional District Judge, No. 2, Kamrup, in MAC Case No. 131/2016 dated 23.12.2015.
2. The Tribunal allowed the claim petition awarding compensation of Rs. 4, 67,000/-(Rupees four lakh and sixty-seven thousand) only with interest @6% p.a. Aggrieved by the same the present appeal has been preferred.
3. As there is no dispute regarding death of one Ande Pator in a road traffic accident which occurred on 28.05.2009 at about 1:30 p.m. due to rash and negligent driving of the driver of the offending vehicle bearing No. AS-23/8833(Tanker) and liability of the insurer of the offending vehicle, the only point remains for consideration in the appeal is-
Whether the quantum of compensation awarded by the Tribunal is just and reasonable or does it call for reduction or enhancement;
4. The principle ground urged by the appellant is that the Tribunal has erred in awarding the compensation under the head loss of dependency. The claimant is not entitled for compensation under the head loss of dependency for the reason that he is major and it is not established that he was the depe
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