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2019 Supreme(Gau) 546

KALYAN RAI SURANA
Swapna Bordoloi @ Das – Appellant
Versus
Md. Yasin Ali – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. A.I. Uddin, adv
For the Respondent: Mr. M Talukdar, Adv.

JUDGMENT :

1. Heard Mr. A. Alam, learned counsel for the applicant as well as Mr. M. Talukdar, learned counsel appearing for the opposite party.

2. The applicant herein claims to be the married daughter of Khargeswari Bordoloi and Late Phukan Ch. Bordoloi. The father of the applicant suffered a road traffic accident on 08.10.2009 and later died on 15.10.2009. Accordingly, the applicants mother, sister and brother, namely, Late Khargeswari Bordoloi, Smt. Puja Bordoloi (Opp. Party No.3) and Sri Babumoni Bordoloi (Opp. Party No.4) had jointly filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 which was registered as MAC Case No. 186/2009 before the Member, MACT, Morigaon. In the said claim petition, the mother of the applicant and the Opp. Parties No.3 and 4 were the claimants. At the time of filing of the claim petition, the above named brother and sister of the applicants were minor aged about 13 (thirteen) and 7 (seven) years respectively. The said claim was allowed by judgment and award dated 25.07.2012, thereby awarding a compensation of Rs.10,48,311/- against the Branch Manager, United India Insurance Co. Ltd., Jagiroad Branch (Opp. Party No.2) along with int

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