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2007 Supreme(Gau) 9

I.A.ANSARI
Lili Bora – Appellant
Versus
Nishi Rani Hazarika – Respondent


JUDGMENT

I.A. Ansari, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988, (in short, 'the MV Act, 1988') against the award, dated 28-9-1982, passed, in MAC Case No. 2/93, by the learned Motor Accident Claims Tribunal. Darrang, determining a sum of Rs. 52,000/- as compensation for the death of the claimant's 12/13 year old daughter.

2. The case of the claimant may, in brief, be described thus : While the claimant's daughter, Rupanjali Bora, was proceeding, on 7-12-1992, to her school, the offending vehicle, namely, Ambassador car, bearing registration No. WMD 3689, ran over Rupanjali at National Highway No. 52 at Bheberghat, Mongoldoi town. Rupanjali sustained grievous injuries as a result of the said accident and succumbed to her injuries at the hospital.

3. The claimant, then, made an application under Section 166 of the MV Act, 1988, and sought for a sum of Rs. 5,00,000/- as compensation. A claim proceeding was accordingly initiated against one Nishiranl Hazarlka, who is respondent No. 1 herein, as owner of the vehicle. However, during the progress of the claim proceeding, when it came to light that M/s. Jindal and Co. of Calcutta was the registered owner of th

























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