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2019 Supreme(Gau) 581

MANISH CHOUDHURY
New India Assurance Co. Ltd. – Appellant
Versus
Bulu Das – Respondent


Advocate Appeared:
For the Appellant :K.K. Bhatta, L. Sharma, J. John and A. Talukdar, Advocates
For the Respondent:S.D. Saikia, Advocate

JUDGMENT :

MANISH CHOUDHURY, J.

1. This appeal under section 173, Motor Vehicles Act, 1988, as amended (herein after referred to as the Act, in short) is directed against the judgment and award dated 30.06.2015 passed by the learned Member, Motor Accident Claims Tribunal, Lakhimpur at North Lakhimpur (the Claims Tribunal, in short) in MACT Case No. 79/2012. By the judgment and award dated 30.06.2015, the Claims Tribunal had awarded an amount of Rs. 9,00,000/- as compensation in favour of the respondent No. 1-claimant for the death caused to her son in an accident arising out of the use of motor vehicles that occurred on 19.11.2012 along with interest thereon @7.5% per annum from the date of the order till its realization.

2. Be it stated that 2 (two) vehicles were involved in the accident - one vehicle bearing registration No. AS-07/C-3680 (hereinafter referred to as "the Bolero Pick-up Van", for convenience) and the other bearing registration No. AS-07/E-2086 (hereinafter referred to as "the Hero Honda Motorcycle", for convenience). The Claims Tribunal, apportioning the liability in view of the offer made by the insurer of the Bolero Pick-up Van and acceptance of the said offer by th

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