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2013 Supreme(Gau) 77

PRASANTA KUMAR SAIKIA
National Insurance Co. Ltd. – Appellant
Versus
Lalvawnga – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Ms. Dinari T. Azyu
For Respondents/Defendant: Mr. P.C. Prusty, Mr. Rualkhuma Hmar & Mr. Lalawmpuia Ralte

JUDGMENT

Prasanta Kumar Saikia, J.

1. In this appeal, the award dated 2.12.2011, passed by ld. Member-cum-Presiding Officer, the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 8/2008 has been called into question. By the aforesaid award, the learned Member-cum-Presiding Officer of the Motor Accident Claims Tribunal, Aizawl (in short MACT, Aizawl) had granted an award to the tune of Rs. 1,70,686/- only in favor of the appellant for sustaining injuries in an accident arising out of the use of the motor vehicle on 5.5.2007.

2. Being aggrieved by and dissatisfied with the aforesaid award, the Opposite party No. 2 in the aforesaid proceeding preferred this appeal on the grounds, stated in the memo of appeal.

3. The brief facts necessary for disposal of the present appeal are that on 5.5.2007, the vehicle bearing registration No. MZ-04 2097 (TATA Sumo) in which the respondent No. 1 herein was traveling met with an accident at a place in between Kawlkulh and Khawzawl. The respondent No. 1 would be referred to hereinafter as claimant since he initiated MACT Case No. 8/2008 which gives rise to the present appeal.

4. It is found evident from the claim petition in MACT Case No. 8/2008 tha












































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