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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Dulal Baruah, S/o. Jogendra Baruah – Appellant
Versus
Bina Hazarika, W/o. Sri Upen Hazarika – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. S.N. Tamuli, the learned counsel representing the appellants as well as Mr. A. Saha, the learned counsel appearing for the respondent.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 22.10.2019 passed by the learned Member, Motor Accident Claims Tribunal, Sivasagar in MAC Case No.16/2016.
3. On 13.03.2015 at about 6 P.M., the deceased Hunmoni Hazarika was driving a motorcycle Bearing Registration No.AS-04G-9943. At that time, a tractor Bearing Registration No.AS-03AC-6848 with a trolley loaded with timber was coming from the opposite direction. The tractor hit the motorcycle of the deceased. Hunmoni Hazarika died instantly. He was 19 years old at that time and was a a carpenter by profession having monthly income of Rs.15,000/-. Police register the case as Simaluguri P.S. Case No.49/2015.
4. While contesting the claim case, the appellant no.1 Dulal Baruah being the owner of the said tractor, denied the fact that at the time of the accident, the driver Nabin Bedia (appellant no.2) was driving the tractor in a rash and negligent manner. According to the appellant, Hunmino Hazarika as a
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