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2008 Supreme(Gau) 723

BROJENDRA PRASAD KATAKEY
New India Assurance Co. Ltd. – Appellant
Versus
Bindu Bhushan Sen – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.S. Sharma, K.K. Bhatra, R.K. Bhatra and U. Sarma, Advs.
For Respondents/Defendant: S.C. Biswas, P. Biswas, S. Das, H. Chanda, R. Sharma, S.S. Barooahand R. Parasar, Advs.

JUDGMENT

B.P. Katakey, J.

1. This appeal by the Insurance Company is directed against the award dated 24.4.2006 passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No. 286 of 2003 awarding a sum of Rs.18,16,633/- as compensation to the claimant for sustaining 80% permanent disability along with interest @ 8% per annum with effect from the date of filing of the claim petition till the date of payment and directing the Insurance Company to satisfy the award in view of the insurance coverage issued by it.

2. The Respondent No. 1 herein filed an application under Section 166 of the Motor Vehicle Act, 1988 (hereinafter for short 'the Act') before the Motor Accident Claims Tribunal, Sonitpur claiming compensation for the injury sustained by him in a motor accident occurred on 1.9.2002 at about 5.45 a.m. alleging that on that date when was riding on the vehicle (scooter) bearing Registration No. AS-12/B/5266 (Scooter) as pillion rider driven by the owner of the scooter namely the Respondent No. 2, had met with an accident as the owner/driver of the scooter lost his control and both of them and fallen down as a result of which the Respondent claimant sus











































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