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2021 Supreme(Gau) 596

MALASRI NANDI
Husna Begum, W/o Late Mutlibur Rahman – Appellant
Versus
National Insurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. M.H. Rajbarbhuiyan.
For the Respondents: Ms. R.D. Mozumdar.

JUDGMENT :

1. This appeal is directed against the Judgment and Award dated 19.09.2014 passed by learned Member, M.A.C.T., Karimganj, in MAC Case No. 19/2013 awarding compensation amounting to Rs.5,53,000/-in favour of the appellant/claimant Husna Begum. The appellant has challenged the judgment and order in respect of quantum of compensation which is required to be enhanced.

2. As there is no dispute regarding death of one Mutlubur Rahaman in a road traffic accident which occurred on 24.10.2012 at about 5:45 A.M. due to rash and negligent driving by the driver of the offending vehicle bearing Registration No. AS-10(A)/3678 (EECO) 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.

3. I have gone through the judgment as well as the record of MAC Case No. 19/2013.

4. Learned counsel for the appellant/claimant has argued that the Tribunal/the Court is competent to award compensation in excess of wh

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