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2020 Supreme(Gau) 108

S.HUKATO SWU
Oriental Insurance Company Ltd. – Appellant
Versus
Hamida Begum – Respondent


Advocates Appeared:
Ms.C Mozumdar, for the Appellant; Mr.B Chakravartyr- 1-3, for the Respondent

JUDGMENT

1. Heard Ms. R.D. Mozumdar, learned counsel for the appellant and Mr. B. Chakravarty, learned counsel for the respondent Nos. 1 to 3.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (M.V. Act) challenging the award passed by the learned Motor Accident Claims Tribunal, Cachar, Silchar, Assam dated 18.05.2016. The facts stated in brief is that on 17.01.2007, deceased Saukat Ali Barbhuiya, 45 years old transport driver of Assam State Electricity Board (ASEB), while returning from Chaurangi Bazar, at Katogorah met with an accident on National Highway-44, JB road. When he reached Katirail Garage, all of a sudden Maxi-Cab which was going from Chaurangi Bazar hit the back side of the victim. As a result, the victim sustained multiple injuries in the head, chest and other parts of the body. After alarming the people nearby, the injured was shifted to Kalain CHC wherefrom he was referred to SMCH, Silchar. However, he was again shifted to Advance Neuro Science Hospital, Kahilipara road, Guwahati for clotting of blood inside the head and for undergoing further treatment. Thereafter, he was referred to B. Borooah Cancer Institute/Silchar Medical College & Hospita

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