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2008 Supreme(Gau) 89

HRISHIKESH ROY, MAIBAM B.K.SINGH
State of Nagaland – Appellant
Versus
Berila – Respondent


JUDGMENT

Hrishikesh Roy, J.

1. Heard Mr. B.N. Sarma, learned senior counsel representing the Petitioner State of Nagaland. None appears for the respondent/claimant Smti Berila.

2. This review application has been filed seeking review of the judgment and order dated 12.4.2006, passed by this Court in MAC Appeal No. 19(K)/05, whereby this Court refused to interfere with the award granted by the Motor Accident Claims Tribunal, Dimapur in favour of the respondent/claimant.

3. The facts necessary for consideration of this review petition may be noted as under:

(i) An accident took place on 17.12.1986 at village Lapa in Mon District of Nagaland, involving the vehicle No. NLP 1555 (Truck) belonging to the 6th NAP Battalion. Two constable namely Zungkum Yimchunger and Thsanso Yimchunger (misspelt as 'Throngsa' by the respondent/claimant) both serving under the Nagaland Police died in the said accident.

(ii) On 26.2.2002 one Smti Berila claiming to be the wife of the deceased constable Zungkum Yimchunger filed a claim petition being MAC Case No. 152/02 seeking compensation for the death of her alleged husband Zungkum Yimchunger.

(iii) The Motor Accident Claims Tribunal, Dimapur passed an award on



























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