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2017 Supreme(SC) 176

J.CHELAMESWAR, A.M.SAPRE
Manuara Khatun – Appellant
Versus
Rajesh Kr. Singh – Respondent


Advocates Appeared:
For the Appellants :- Himanshu Shekhar, Advocate.
For the Respondents:- Ms. Shalu Sharma, Nitin Kumar Thakur, Advocates.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are filed against the common final judgment and order dated 22.06.2012 passed by the High Court of Gauhati at Guwahati in MACA Nos. 7 and 8 of 2009 whereby the High Court dismissed the appeals filed by the appellants herein for enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal, Nagaon by order dated 05.09.2008 in MAC Case Nos. 653 and 652 of 2001.

3. We herein set out the facts, in brief, to appreciate the issue involved in these appeals.

4. On 03.07.2001, Ismail Hussain, husband of Manuara Khatun and Nirod Prasad Mohanty, husband of Mamoni Saikia Mohanty along with some other passengers were proceeding towards Guwahati from Nagoan in Tata Sumo bearing Registration No. AR-09-3997, when they arrived near Jorabat, there was a head-on-collusion between the Tata Sumo and a Truck bearing Registration No. AS-01-H-2598 coming from the opposite direction as a result of which Ismail Hussain and Nirod Prasad Mohanty died on the spot and some other passengers sustained injuries.

5. Manuara Khatun, wife of the Ismail Hussain and her 5 minor children filed Claim petition bearing MAC Case No. 653 of 200




















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