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2011 Supreme(Gau) 891

I.A.ANSARI
Oriental Insurance Co. Ltd. – Appellant
Versus
Md. Abdul Karim – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. B.C. Das, Sr. Adv., Mr. S.C. Biswas, Mr. R.C. Paul and Miss. S. Roy
For Respondents/Defendant: Mr. S.C. Kayel

JUDGMENT

I.A. Ansari, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, 'MV Act'), against the award, dated 28.08.2007, passed, in MAC Case No. 916 of 2002, by the learned Member, Motor Accident Claims Tribunal, Silchar directing the present insurer-appellant to pay Rs. 22,000/-, as compensation, to the claimant-respondent No. 1 with interest @ 6% per annum from the date of filing of the claim application till realization of the said amount of compensation. I have heard Mr. B.C. Das, learned senior counsel, appearing for the appellant-insurer, and Mr. S.C. Kayal, learned counsel for the claimant-respondent No. 1.

2. While considering the present appeal, it needs to be noted that the claimant-respondent No. 1 made an application, under Section 166 of the M.V. Act, seeking compensation for injuries sustained by him, his case being, in brief, thus on 05.09.2002, the claimant boarded the Truck No. AS 25-C-1523, with cages of hens, at Digarkhal, for going to Meghalaya. He took his seat in the truck, which was being driven in a very rash and negligent manner. As a result of such rash driving, it met with an accident, at Umtra, in the State of Meghalaya, on





















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