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2021 Supreme(Gau) 522

DEVASHIS BARUAH
Mustt Nasima Khatun W/o Late Anuwar Hussain – Appellant
Versus
Divisional Manager United India Insurance Co Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M. Talukdar.
For the Respondent: Mr. K.K. Dey.

ORDER :

1. Heard Mr. M. Talukdar, the learned counsel for the appellants and Mr. K.K. Dey, learned counsel for the Insurance Company.

2. The instant appeal arises out of a judgment and award dated 03.03.2014 passed in MAC Case No. 72/2011 by the Member, Motor Accidents Claims Tribunal, Morigaon, whereby an amount of Rs. 6,65,000/- was adjudged as the fair compensation in terms with Section 166 of the Motor Vehicle Act, 1988.

3. The appellants are aggrieved by the award on the ground that the medical expenses to the tune of Rs. 1,19,915/- has not been granted by the Tribunal; and the funeral expenses, loss of consortium, loss of estate as well as future prospect have not been taken into consideration by the Tribunal in terms of the Judgment of the Constitution Bench in the case of National Insurance Co. Ltd. vs. Pranoy Shetty, (2017) 16 SCC 680 and Sarla Verma vs. Delhi Transport Corporation and Another, (2009) 6 SCC 121.

4. It is the case of the appellant as submitted by Mr. Talukdar, learned counsel for the appellant that the learned Tribunal below did not properly appreciate the

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