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2016 Supreme(Gau) 85

SUMAN SHYAM
New India Assurance Co. Ltd. – Appellant
Versus
Purnima Singha – Respondent


Advocates Appeared:
For the Appellant : Ms. M. Chouduury, Adv.
For the Respondents: Mr. P.K. Deka, Adv

JUDGEMENT :


1. Heard Ms. M. Choudhury, learned counsel appearing for the appellant. Also heard Mr. P.K. Deka, learned counsel appearing for the respondents/claimants. This appeal filed under Section 173 of the Motor Vehicle (M.V.) Act, 1988 is directed against the judgement and award dated 13/02/2009 passed by the learned Member, Motor Accident Claim Tribunal, Hailakandi in connection with MAC Case No. 97/2006 whereby and whereunder the learned Tribunal had awarded a sum of Rs. 4,87,000/- to the claimant as compensation on account of death of the husband of the claimant No. 1 late Thorbal Singha.

2. The brief factual background of the case, emerging from the record, is that the husband of the claimant no. 1, viz. Thorbal Singha was employed as a Driver under the respondent No. 5, i.e. the owner of a truck bearing registration No. AS-25-C/9161. The said truck was used as a public carrier. When the truck was carrying the load of salt from Guwahati to Silchar, the driver of the vehicle i.e. the husband of the claimant No. 1 was apparently attacked by some unknown persons on the way while the truck was parked near a road side petrol pump at Umling on 16/09/2005. In the said incident, the



































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