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2009 Supreme(Gau) 773

P.K.MUSAHARY
Oriental Insurance Co. Ltd. – Appellant
Versus
A. J. Thomas – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:S. Dutta, B.K. Deb Roy & G. Purkayastha, Advocates
For Respondents/Defendant:A. Paul, Advocate

JUDGMENT

P.K. Musahary, J.

1. None appears for the appellant when the matter was called upon for hearing. Heard Ms. A. Paul, Learned Counsel appearing for the respondent.

2. This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 31.8.2007 passed by the learned Member, Motor Accident Claims Tribunal, West Garo Hills, Tura in MAC Case No. 46 of 2001.

3. The respondent is the owner of the Vehicle (Motor Cycle) bearing registration No. ML-8-1069 and while he was driving the said motor bike, he received injuries in an accident that took place on 15.3.2000 at Tura Ringrey on National Highway 51 when a stray dog suddenly ran across the road and the vehicle hit the dog. The respondent was under treatment for a long period at various places including Guwahati and Kerela. He made claim petition before the learned tribunal claiming Rs. 18.92 lakh. The appellant contested the claim case. The learned tribunal on examination of the materials and evidence on record passed the award as under:

53. Having discussed several illustrious rulings of the Apex Court and other Hon'ble courts this tribunal decides this award based on the 2nd Schedule























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