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2019 Supreme(Gau) 959

NELSON SAILO
Oriental Insurance Co. Ltd. – Appellant
Versus
Junu Baishya – Respondent


Advocates Appeared:
M. Choudhury, Adv., A. Gohainr, Adv., S. Dutta, Adv., T. Das, Adv.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. S. Dutta, the learned counsel for the appellant as well as Mr. A. Gohain, the learned counsel for the respondent Nos. 1 to 3 (claimants).

2. This is an appeal against the Judgment and Order dated 12.03.2013 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup (Guwahati) in MAC Case No. 1646/2006, whereby, the respondents claimants have been awarded a sum of Rs. 8,81,500/- alongwith interest @ 9% per annum from the date of filing the claim till realization as compensation for the death of the deceased Sh. Ajoy Kumar Baishya, who is the husband of the respondent No. 1 and the father of the respondent Nos. 2 and 3. The main ground of challenge by the appellant insurance company is that the deceased died due to hepatic failure/ liver failure after about 7 months from the date of the accident and therefore, his death is not attributable to the motor accident on the basis of which, claim for compensation was being made. It is the case of the appellant that although the post mortem report of the deceased speaks about some injuries which were ante-mortem and consistent with vehicular accident but however, the opinion or evidence of t

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