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2018 Supreme(Gau) 1676

KALYAN RAI SURANA
Tomina Begum Deka – Appellant
Versus
Jatin Duarah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.P. Roy, Mr. D. Nandi, Mr. R.P.N. and Ms. N. Rai
For the Respondent: Mr. B.K. Purkayastha, Ms. U.K. Purkayastha and Ms. S. Roy

JUDGMENT :

1. Heard Ms. N. Rai, learned counsel of the appellant. Also heard Mr. B.K. Purkayastha, learned counsel appeared for the respondent No. 3, namely, United India Insurance Co. Ltd., as well as Ms. S. Roy, learned counsel appearing for the respondent No. 5, namely, National Company Ltd.

2. By this appeal under section 173 of the Motor Vehicles Act, 1988 the appellant has challenged judgment and order dated 24.1.2007, passed by the learned Motor Accident Claims Tribunal, Dibrugarh in MACT Case No. 72/2003, whereby the claim petition was dismissed, inter-alia, on the ground that the appellant could not prove her relationship with the deceased, Putul Deka, whom she claimed to be her husband.

3. In the claim petition it was projected that the deceased was a driver of vehicle bearing No. AS-01-D-1440 on 6.4.2001. While he was driving the said vehicle, at about 2.30 AM, another vehicle bearing registration No. AS-23-A-8017, collided with his vehicle, causing his death. The respective owners and the insurers of the both vehicles were made parties to the claim petition.

4. By filing the claim petition which was as MACT Case No. 72/2003, the appellant prayed for compensation of Rs. 5,97

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