Back
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Oriental Insurance Company Ltd. – Appellant
Versus
Musst. Kitabjan Bibi W/o Late Mahej Ali – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. Sishir Dutta, learned Senior counsel assisted by Mr. S. Dutta, learned counsel for the appellant. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent Nos.1-4, Mr. S. Sahu, learned counsel for the respondent Nos.5 and 6 and Ms. A. Biyani, learned counsel for the respondent No.7.
2. In this appeal, under Section 173 of the MOTOR VEHICLES ACT , 1988, the appellant Oriental Insurance Company Ltd. has challenged the judgment and award dated 10.01.2014 passed by the learned Member, Motor Accident Claims Tribunal (MACT)/Additional District Judge No.2, Sonitpur (learned Tribunal, for short), in MAC Case No.355/2010. It is to be noted here that vide impugned judgment and award dated 10.01.2014, the learned Tribunal has directed the appellant herein to pay a sum of Rs.21,49,955/- with interest @7.5% per annum from the date of filing of the claim petition i.e. 15.11.2010, till payment to the respondent No.1/claimant.
3. The backgrounds fact, leading to filing of the present appeal is briefly stated as under:-
“On 25.08.2010, Md. Hamid Ali was proceeding on a motorcycle, bearing Registration No.AS-12F-4860 from 18th Mile towards Balipara on
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
