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2022 Supreme(Gau) 1247

SUMAN SHYAM
Biswajit Chowdhury, S/o. Late N. G. Chowdhury – Appellant
Versus
Aklesh Sah, S/o. Late Golap Sah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N. Bhatra.

JUDGMENT :

Heard Mr. G. Jalan, learned counsel for the appellants. Also heard Ms. S. Roy, learned counsel for the respondent No. 3/ Insurance Company. None has appeared for the respondent Nos. 1 and 2.

2. By filing this appeal the appellants have assailed the impugned judgment and award dated 30-11-2016 passed by the learned Member, MACT No. 2, Kamrup (M) at Guwahati in connection with MAC Case No. 551/2013 whereby the learned Tribunal had awarded compensation on the conventional heads but had ruled that the claimants/ appellants Nos. 1 and 2 were not dependents of the deceased and therefore, were not entitled to claim compensation on account of deprivation of dependence.

3. The facts of the case, in a nutshell, are that late Ispita Chowdhury, i.e. the wife of the appellant No. 1 and the mother of appellant No. 2 had suffered death in a motor accident which took place on 03-03-2013 at about 05:30 p.m. on the NH-37-A while she was travelling on a pillion in a scooty bearing registration number AS-12/G-9769. The speeding truck belonging to the respondent No. 1, being driven in a rash and negligent manner by the respondent No. 2, came from behind and hit the scooty, which had resulted in

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