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2021 Supreme(Gau) 521

MALASRI NANDI
United India Insurance Company Ltd. – Appellant
Versus
Arati Boro W/o Late Anil Chandra Boro – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S.S. Sharma, Mr. B.J. Mukherjee, Ms. L. Sharma.
For the Respondents: Mr. A.C. Baishya, H. Das.

ORDER :

1. This appeal is directed against the Judgment and Award dated 23.03.2017 passed by the learned Additional District Judge No. 3, cum Member, MACT Kamrup (Metro), Guwahati in MAC Case No. 1073/15 awarding compensation of Rs. 13,11,600/- (Rupees Thirteen Lakhs Eleven Thousand and Six Hundred) in favour of the respondents/claimants.

2. Heard Mr. S.S. Sharma, learned Senior Counsel for the appellant and Mr. A.C. Baishya, learned counsel for the respondent Nos. 1 to 3.

3. When the matter came up for consideration, while preparing the judgment, I have noticed that the respondent/claimant No. 1 Arati Boro, while submitting her evidence on affidavit sworn before the Notary Kamrup (M), she did not put her signature on the evidence on affidavit. Her witness Jitu Boro who was examined in MAC Case No. 1073/2015 as PW-2, also did not put his signature in his evidence on affidavit. But it is interesting to note that the Notary put her signature with seal accordingly on each page of evidence on affidavit of PW-1 and PW-2 in MAC Case No. 1073/15. It transpires that the PW-1/claimant in MAC Case No. 1073/2015 as well as PW-2 did not appear before the Notary Kamrup (M) for the purpose of their

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