SONGKHUPCHUNG SERTO
Inspector General Assam Rifles (North) – Appellant
Versus
Alemmenla – Respondent
Songkhupchung Serto, J.
1. This is a Motor Accident Claims appeal directed against the judgment and order dated 8.12.2016 passed by the member, Motor Accident Claims Tribunal, Mokokchung in MAC Case No. 13/2015. Heard Mr. Y.P. Gupta, learned C.G.C. appearing on behalf of the appellants (respondents in the claim case) and Mr. Tongpok Pongener, assisted by Mr. Reopi, learned counsel for the respondents(claimants).
2. The brief facts leading to this appeal are as follows:-
On 9.7.2015, the deceased Mr. Imkumeren Ao Constable No. 11096 of 2nd NAP was pillion riding on a Motorcycle driven by his friend Mr. Sarentsungba who was also a Constable of the same battalion and were driving towards Mokokchung from Tuli on National Highway 2. While driving as such, they came across a convoy of 3 MGAR who were also travelling towards the same destination. As they wanted to move ahead of the convoy, they started taking over the vehicles of the convoy one after the other including the vehicle bearing registration No. AS03-AC-0551 which was also a part of the convoy. After crossing the vehicle, they saw some bamboos which had fallen on the ground around the turning of the road. At that point of t
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