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2017 Supreme(Gau) 1048

KALYAN RAI SURANA
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
SHYAM RAI MAHANTA – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.S. Sarma, S.S. Sarangi, Mr. G. Jalan, Mr. F. Khan, Ms. L. Sarma
For the Respondents: Ms. D.D. Roy, Ms. A.G. Choudhury, Mr. R. Goswami, Ms. C. Patgiri

JUDGMENT AND ORDER :

Heard Mr. S.S. Sarma, learned Senior counsel assisted by Ms. M. Mozumdar, learned counsel for the appellant as well as Ms. D.D. Roy, learned counsel appearing for the respondent No. 1 and 2/claimants. None appears on call for the respondent No. 3, although notice was duly served.

2. This appeal under Section 173 of the MV Act, 1988, is preferred against the judgment and award dated 02.02.2011, passed by the learned Member, M.A.C. Tribunal, Kamrup (M), Guwahati in MAC Case No. 2544/2005, awarding compensation of Rs.1,62,000/- together with 6% interest from the date of filing of the claim petition till realization.

3. The facts of the case is that the respondent No. 3 herein is the owner of the motorcycle bearing registration No. AS-01/V-2561. While riding the said motorcycle from Ganeshguri to Chandmari in Guwahati, the rider, namely, Dhrubajyoti Mahanta, met with an accident. As a result of the accident, he had sustained grievous injury and he had died. Claiming a compensation of Rs.6,75,000/-, i.e. the claimants, respondents No. 1 and 2 herein, who are the









































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