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2019 Supreme(Gau) 627

MANISH CHOUDHURY
New India Assurance Co. Ltd – Appellant
Versus
Sangeeta Gogoi – Respondent


Advocate Appeared:
For the Appellant :R.K. Bhatra, A. Saikia, A. Borah and P. Hujuri, Advocates
For the Respondent:A. Kalita, Advocate

JUDGMENT :

MANISH CHOUDHURY, J.

1. This statutory appeal under Section 173 of the Motor Vehicles Act, 1988, as amended, (the Act, in short) is preferred against the judgment and award dated 09.10.2012 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No. 95/2006. By the judgment and award dated 09.10.2012, the Motor Accident Claims Tribunal, Golaghat (the Claims Tribunal, in short) had awarded an amount of Rs. 16,41,000/- as compensation along with simple interest @ 6% per annum from the date of filing of the claim application i.e. 27.04.2006 till realization of the entire amount.

2. The factual matrix leading to the institution of the claim application is that on 16.02.2006, at around 2-45 p.m., the vehicle bearing registration No. AS-02/A-0477 (bus) was coming from Nagaon side to Jorhat side on the National Highway No. 37 with passengers on board. While so proceeding, it knocked down a two wheeler vehicle bearing registration No. AS-05/6371 (LML Vespa Scooter) at a place on the National Highway No. 37 near Rangamati Tea Estate Factory. The accide

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