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2019 Supreme(Gau) 934

MICHAEL ZOTHANKHUMA
Oriental Insurance Company Ltd, Guwahati – Appellant
Versus
Binita Bora – Respondent


Advocates Appeared:
P.M. Dutta, Adv., B.K. Purkayastha, Adv., K. Deka, Adv.

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. A. Dutta, learned counsel for the appellant/Oriental Insurance Company Ltd., the insurer of Mahindra Maxima Pick-Up bearing Registration No. AS-02E-6288. Also heard Mr. B.K. Purkayastha, the learned counsel for the respondent No. 4/National Insurance Company Ltd., the insurer of Indica Car bearing registration No. AS-01U/7433. Mr. S. Rahman, the learned counsel appears for the respondent No. 1/claimant in all the three cases. Mr. A.I. Uddin, appears for the respondent Nos. 2 and 3, who are the owner and driver of the Mahindra Maxima Pick-Up respectively.

2. All the three appeals are being decided by this common judgment and order in view of the fact that the issue involved is the same and as it arises out of the same accident.

3. The facts in brief is that when three college going girls/claimants were walking along, by the side of the road, on 07.05.2013 at around 8:00 a.m., a Indica car hit a Mahindra Maxima Pick-Up from behind, due to which the Mahindra Maxima Pick-Up swerved to the left and hit them. As a result of the above, the three claimants sustained injuries. Thereafter, three claim petitions were filed in the MACT Hojai, which were

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