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2002 Supreme(Online)(Gau) 1

GAUHATI HIGH COURT
A, J
National Insurance Co. Ltd. v. Member Motor Accidents Claims Tribunal


Advocates:
For the Appellants/Petitioners: S.S. Sarma

Table of Content
1. details of the accident leading to claims. (Para 1)
2. insurance company's challenge on compensation quantum. (Para 2)
3. court's refusal to intervene highlighting statutory provisions. (Para 3)

1. This is an application under Art.226/227 of the Constitution of India challenging an award passed by the M.A.C.T., Kamrup, Guwahati passed in M A C. Case Nos. 128 and 129 of 1996 in the following circumstances:
On 18.2.1996 Bhabesh Sarma, Ranu Devi, Usha Devi and Sumitra Devi all went to Nalbari via National Highway No. 31 from Guwahati by an autorickshaw bearing No. 9285 in order to invite their relatives for some rituals. Autorickshaw was driven by Bhabesh Sarma, holding a valid driving licence at a normal speed. The autorickshaw reached Babikura at about 12 noon when the truck bearing No. DL 1G - A 4649 proceeding in the same direction at a high speed and driven in a rash and negligent manner hit the autorickshaw resulting in instantaneous death of all the inmates of the autorickshaw. The husband and the minor son of the deceased Usha Devi filed claim petition claiming compensation of Rs.9,65,000 as compensation in Case Nos. 128 and 129 of 1996 the father of the decease





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