P.K.MUSAHARY
Oriental Insurance Company Ltd. – Appellant
Versus
Francis Marwein – Respondent
P.K. Musahary, J.
1. Heard Mr. A. Khan, learned Counsel for the Appellant Insurance Company and Mr. H. Nongkhlaw assisted by Mr. S. M. Wahlang, learned Counsels, for the Respondents.
2. This appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988, against the judgment & Order dated 17.08.2007. passed by the Member, Motor Accident Claim Tribunal, Nongpoh, in MAC Case No. 02/2006 awarding a sum of Rs. 2,39,600/- as compensation to the claimant on account of death of his nephew in a motor vehicle accident.
The case, in brief, leading to filing of this Appeal are that, on 29.01.2004, at about 6 p.m., a motor vehicle accident took-place near Army Pump House, at Mawiong under Police Station Umiam (Barapani) in Ri-bhoi district of Meghalaya, involving the Bazar Bus bearing Registration No. ML-05-D-1962 belonging to Respondent No. 2 Sri Ferdinand Jywra, insured with the Appellant Insurance Company and in the said accident, one Karminus Marwein, who was travelling in the said Bus died on his way to Civil Hospital, Shillong. He was aged about 19 years and a student of Class-VIII, who according to the claim petition, was contributing Rs. 300/- per month to the claimant
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