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2010 Supreme(Gau) 152

C.R.SARMA
Hira Gogoi @ Dihingia – Appellant
Versus
Mitali Patra – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S. Senapati, Aslam, B. Sarma and J. Ahmed, Advs.
For Respondents/Defendant: S.K. Medhi, R.K. Bhorali and N. Medhi, Advs.

JUDGMENT

C.R. Sarma, J.

1. This is an appeal filed by the claimant in Motor Accident Claim Tribunal Case for enhancement of the amount of compensation awarded by the learned Member of Motor Accident Claims Tribunal, Sibsagar. The impugned judgment and order dated 10.01.05 was passed by the learned Member, MACT, Sibsagar, in the said claim case No. 84/03, granting a lump sum compensation of Rs. 1,50,000/- with interest thereon at the rate of Rs. 6%. The said judgment and order is in challenge in this appeal.

2. I have heard Mr. B. Sarma, learned Counsel appearing for the Appellant and Mr. S.K. Medhi, learned Counsel appearing for the Respondent No. 3.

3. The present Appellant, who is the wife of the deceased, as heir and legal representative of her deceased husband late Sushil Dihingia filed a claim application before the Motor Accidents Claims Tribunal, Sibsagar, seeking compensation of Rs. 7,58,880/- for the death of her said husband in a motor accident that took place on 01.09.03 on the road near Hotel Brahmaputra at Sibsagar town.

4. In the said application, the present Respondents were arrayed as opposite party. The Appellant/claimant, in her claim petition, disclosed that the age o



























































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