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2019 Supreme(Gau) 920

MICHAEL ZOTHANKHUMA
National Insurance Company Limited (Subsidiary Of General Insurance Corporation Of India) – Appellant
Versus
Dhanjit Kalita – Respondent


Advocates Appeared:
R.D. Mozumdar, Adv., L.K. Borah, Adv.

JUDGMENT :

Michael Zothankhuma, J.

Heard Ms. R.D Mozumdar, learned counsel for the appellant. Also heard Mr. H. Das, learned counsel for the respondent No. 1. Mr. J. Pawe appears for the respondent Nos 2 & 3.

    1. The appellant/Insurance Company has challenged the Judgment dated 14.09.2016 passed by the MACT No. 3, Kamrup (M), in MAC Case No. 2133/2012, by which it has directed the appellant to pay the compensation amount of Rs. 6,78,000/- along with interest at the rate of 7.5% per annum, from the date of filing the affidavit-of-evidence, i.e.,16.11.2015 till final payment.

2. The brief facts of the case is that on 16.05.2012, the father of the respondent No. 1/claimant was knocked down from behind, by a mini-bus bearing Registration No. AS-01/Y-0255. The deceased died due to his injuries on 01.06.2012. The deceased left behind his wife, son Dhanjt Kalita, the (respondent No. 1/claimant) and his other son, namely Gunajit Kalita.

3. The respondent No. 1/claimant Shri. Dhanjit Kalita filed a claim petition under Section 166 of the M.V Act,1988. It may be noted here that at the time of the accident, the insurance policy covering the mini-bus was valid. However, as the cheque of the owner o

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