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2015 Supreme(Gau) 1222

HRISHIKESH ROY
United India Insurance Company Ltd. – Appellant
Versus
Kulasori Mirdha and Ors. – Respondent


Advocates:
For the Petitioner:R.D. Mozumdar, Advocate.
For the Respondents:G.N. Sahewalla, Sr. Adv., M.D. Alam, J. Bora and U. Dutta, Advocate.

Hrishikesh Roy, J.

1. Heard Ms. R.D. Mozumdar, the learned counsel for the petitioner i.e. United India Insurance Company Ltd. (hereinafter referred to as the "Insurance Company"). Also heard the learned Sr. counsel Mr. G.N. Sahewalla, who appears for the respondent Jugal Kishor Sharma, who was the owner of the goods carrying vehicle bearing Registration No. AS-25-C-5835. The following order will dispose of both Revisions filed by the Insurance Company against the decisions of the MAC Tribunal, Guwahati.

2. While proceeding towards Chabua from Dibrugarh on 03.11.2003, the truck of the respondent was involved in an accident and the police report of the accident indicates that 2(two) persons, namely, Tear Singh Mirdha and Pinki Mirdha died in the accident and about 6 other passengers travelling in that truck were injured. As the accidental vehicle was insured as a goods carrying commercial vehicle under the Insurance Company, two separate claims were filed by the family members of the deceased victims, under Section 166 and 140 of the Motor Vehicles Act, 1988. These claim petitions were registered as the MAC Case No. 2328/2003 on behalf of the victim Tear Singh Mirdha and the MAC Case














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