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2008 Supreme(Gau) 705

H.BARUAH
United India Insurance Co. Ltd. – Appellant
Versus
Lalzuia – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: M.M. Ali, Adv.
For Respondents/Defendant: L.H. Lianhrima and Helen Dawngliani, Advs.

JUDGMENT

H. Baruah, J.

1. Heard Mr. M.M. Ali learned Counsel for the Appellant. Also heard Mrs. Helen Dawngliani, learned Counsel for the Respondent No. 1. None appears for the Respondent Nos. 2, 3 and 4.

2. By this appeal the impugned judgment and order dated 17th April 2004 passed by learned Member, MACT, Aizawl in MACT Case No. 118 of 2005 has been challenged by which an amount of Rs. 2,10,870 was awarded as compensation on account of injury sustained by the claimant due to vehicular accident.

3. On 24.5.2005 at about 11.15 a.m. while claimant Lalzuia was travelling in a bike bearing registration No. MZ-01/A-1623 from Aizawl towards Zanlawn at Sentlang near Lungdai, the said bike met with an accident involving vehicle No. MZ-01/B-6449 (Tata Sumo). As a result of accident, the claimant suffered injury to the extent of 40% permanent disability. The motorbike belonged to O.P No. 2 (Respondent No. 3 herein) which was validly insured with Oriental Insurance Co. Ltd., the Respondent No. 4 while the Tata Sumo involved in the accident belonged to O.P No. 1 (Respondent No. 2 herein) validly insured with M/s. United India Insurance Co. Ltd., of the appellate herein.

4. On account of sustention






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