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2011 Supreme(Gau) 569

P.K.MUSAHARY
Oriental Insurance Co. Ltd. – Appellant
Versus
Homi Rai – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: Mr. N. Wabang & Mr. B. Devnath
For Respondents/Defendant: Mr. B.N. Sarmah

JUDGMENT and ORDER

P.K. Musahary, J.

1. This is an insurer's appeal against the judgment and order dated 17.04.2003 rendered by the learned Member, Motor Accidents Claim Tribunal, Dimapur in MAC Case No. 37 of 1998 awarding compensation of Rs. 5,23,800/- in favour of the claimant (wife of the deceased) against the opposite parties No. 3 and 4, insurer of the vehicle directing the Branch Manager, Oriental Insurance Company Limited, Dariaganj, New Delhi-2, through its Divisional Manager, Oriental Insurance Co. Dimapur, Nagaland to pay the award to the claimant within 30 (thirty) days from the issue of the order, failing to comply with, another 9% interest shall be awarded from the date of filing the claim petition till payment.

2. The facts are very short. The husband of the claimant went to Delhi with one Sri Paban Boro (driver) sometime in the month of January, 1993. On 19.01.1993, the claimant's husband purchased a used Maruti Car bearing registration No. DAG-4351 from Shri Ashok Arora. On 24.01.1993, while the claimant's husband was coming in the said Maruti Car driven by Sri Paban Boro towards Nagaland, on reaching Lucknow the said Maruti Car met with an accident and the claimant's

















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