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2015 Supreme(Gau) 49

N.CHAUDHURY
HIT BAHADUR CHETRY – Appellant
Versus
SUARAM BORO – Respondent


Advocate Appeared
For the Appellants :Mr. PP Baruah, Mr. M Khataniar, Advocates
For the Respondents:Ms. S Roy Advocate

ORDER (CAV)

This first appeal is directed against judgment and award dated 18.03.2004 passed by the learned Member, Motor Accident Claims Tribunal, Darrang in MAC Case No. 93/2001. By this judgment learned Tribunal allowed compensation to the tune of Rs. 30,000/- against National Insurance Company. Praying for enhancement of compensation amount, claimant has approached this Court by preferring this appeal.

2. Claim was lodged by one Hit Bahadur Chetry stating that when his daughter Uma Devi, who was a student of Class IX, was on way to home from school was hit by a Tata Truck bearing registration No. AR-01/6107 on 08.03.2001 at about 1-10/15 P.M. at Lamabari, Hatkhola village under Mazbat Police Station. It was alleged that the vehicle was moving in rash and negligent manner and knocked down the minor victim. Hearing about accident, claimant rushed to the spot and found his daughter lying dead. He did not see the truck. He claimed compensation to the tune of Rs. 4,50,000/-. The owner, Suaram Boro appeared and denied rash and negligent driving of the vehicle. He denied occurrence of accident itself as well as the quantum of compensation claimed. However, he disclosed that the vehicl














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