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2021 Supreme(Gau) 346

ROBIN PHUKAN
Oriental Insurance Company Ltd. – Appellant
Versus
Sunita Devi Lakhotia – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M. Tunar.
For the Respondent: Mudang Batt.

JUDGMENT :

ROBIN PHUKAN, J.

1. Judgment and award, dated 17.06.2019, passed by the learned Member, MACT, Papum pare, Yuipa, in MACT Case No. 01/2017(YPA), is impugned in this appeal, under Section 173 of the Motor Vehicles Act, 1988 by the appellant-Oriental Insurance Company Limited, represented by its Divisional Manager, Naharlagun.

2. It is to be mentioned here that vide the impugned judgment, the learned Member, MACT, Yupia has directed the appellant to pay a sum of Rs. 2,00,000/- (Rupees two lakhs) only, with interest @ 9% (nine) p.a. from the date of filing the claim-petition i.e. 9th Jan 2017, till realisation of the same. The learned Court below further directed the appellant to pay the awarded amount within a period of 2(two) months from the date of judgment, failing which the same will carry interest @ 12%.

3. The factual background leading to filing of the MAC Case No. 01/2017, before the learned Member, MACT, Yupia is adumbrated herein-below:

    “On 25.05.2013, one Dwarka Prasad Lakhotia (since deceased) was proceeding from Naharlagun to Guwahati in a Private I10 Magna Car belonging to his wife, namely, Smt. Sunita Devi Lakhotia, bearing Registration No. AR-01-D-5519.Onhis way,

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