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2021 Supreme(Gau) 609

MALASRI NANDI
Cholamandalam MS General Insurance Company Ltd. – Appellant
Versus
Kalpana Kumari Deka W/o Late Ramen Deka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.Bhuyan, Mr. R. Goswami, Ms. P. Borthakur.
For the Respondent: Mr. S.M. Sarma, Mr. K. Gogoi, Mr. A. Baishya.

JUDGMENT :

1. This appeal has been preferred by the appellant Insurance Company challenging the judgment and order dated 10.09.2015 passed by learned Additional District Judge No.2, Kamrup(M), in MAC Case No. 608/2014 awarding compensation of Rs. 55,97,500.00/-(Rupees fifty-five lakh ninty-seven thousand and five hundred) only in favour of the claimant/respondent Nos. 1 to 4.

2. The fact of accident has not been disputed herein this case dated 12.01.2014 at Lalmati near Nidhi Bhawan, Guwahati under Basistha Police Station involving the vehicle bearing No.AS-01AZ-5251 causing the death of Ramen Deka, husband/father/son of the respondent Nos. 1 to 4.

Being highly aggrieved and dissatisfied with the impugned judgment and award dated 10.09.2015 passed by learned Additional District Judge No. 2, Kamrup(M) in MAC Case No. 608/2014 the appellant has preferred this appeal.

3. Learned counsel for the appellant has argued that the learned Additional District Judge-cum-Member MACT has arbitrarily considered the income of the deceased as Rs. 3, 00,000/-(Rupees three lakh) p.a. which is not bas

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