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2011 Supreme(Online)(Gau) 5

GAUHATI HIGH COURT
XYZ, J
State of Tripura v. Bela Dey (Das)


Advocates:
For the Appellants/Petitioners: P. Datta
For the Respondents: Somik Deb

1. This appeal under S.173 of the Motor Vehicles Act(hereinafter referred to as 'the M.V. Act') is directed against the judgment and award dated 24.2.1999 passed by the Motor Accidents Claims Tribunal, West Tripura, Agartala in T.S. (MAC) No. 194 of 1994.

2. By the said judgment, a compensation amounting to Rs. 4,80,000 along with interest at the rate of 12 per cent per annum was awarded in favour of the claimants w.e.f. 26.8.1994.

3. On 24.12.1992 at about 1045 hours, while Sukumar Das (hereinafter referred to as 'the deceased' ), who was husband of the claimant No. 1 and son of the claimant No. 2, was travelling in vehicle No. TR 01-0315, sustained injury due to rash and negligent driving of the said vehicle and firing of the extremist. Deceased Sukumar Das was brought to the G.B. Hospital for treatment and he succumbed to the injuries on 11.1.1993. Accordingly, the claimants, i.e., the widow and the mother of the deceased aforesaid preferred a claim under S.166 of the Motor Vehicles Act, claiming compensation for the death of the deceased due to rash and negligent driving of the said vehicle. It was claimed that the income of the deceased, who was 42 years, was Rs. 6,000 per month


































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