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ARUN DEV CHOUDHURY
Tinkumoni Talukdar Bordoloi W/o Late Poran Bordoloi @ Parijat – Appellant
Versus
Director of Health Services – Respondent
JUDGMENT :
Heard Mr. S Chakrabarty, learned counsel for the appellants.
2. This present appeal is preferred by the claimant and directed against the judgment and award dated 30.08.2016 passed by the learned Motor Accident Claims Tribunal No. 2, Kamrup (M), Guwahati in MAC Case No.2080/2012.
3. The aforesaid claim petition was preferred by the present appellants claiming compensation on the death of their husband/father in a motor vehicular accident, which took place on 14.01.2012 at around 11.30 p.m. on National Highway 37.
4. The brief facts of the claimants pleaded before the learned Tribunal was that on the fateful day i.e. on 14.01.2012 when the deceased was driving his Santro car bearing No. AR-08-5748 and was proceeding from Jorhar towards his residence at Kakojan, Duliajan, the offending ambulance vehicle bearing registration No. AS-01 AF-9198 dashed the said car driven by the deceased husband/father of the claimants.
5. In the said accident the deceased sustained grievous injuries and died on the spot. The vehicle was Government vehicle more particularly it belongs to the De
Point of Law : Section 171 of MV Act provides for award of interest over the compensation awarded.
It is settled law that at intersection where two roads cross each other, it is duty of a fast moving vehicle to slow down and if driver did not slow down at intersection, but continued to proceed at ....
The main legal point established in the judgment is the application of principles of negligence, contributory negligence, and composite negligence in determining liability and compensation in motor a....
Point of law: These provisions (sec.110A and sec.110B of Motor Act, 1988) are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fat....
The judgment establishes that in motor accident claims, the correct application of multipliers based on the deceased's age and future income prospects is crucial for determining fair compensation, al....
The main legal point established in the judgment is the determination of compensation in cases of negligence and contributory negligence under the Motor Vehicles Act, 1988, based on factors such as l....
The main legal point established in the judgment is the requirement for positive evidence to establish the cause of death in compensation claims under the Motor Vehicles Act, and the calculation of c....
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