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2021 Supreme(Gau) 590

DEVASHIS BARUAH
Ataur Rahman Choudhury, S/o. Late A. B. Choudhury – Appellant
Versus
Reliance General Insurance Company Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. I.A. Talukdar.
For the Respondent: Mr. R. Goswami.

JUDGMENT :

Heard Mr I.A. Talukdar, learned counsel appearing on behalf of the appellant and Mr. R. Goswami, learned counsel appearing on behalf of the respondent Insurance Company. Also heard Mr. K. Uddin, learned counsel for the claimants.

2. All these 3(three) appeals, raises a common question of law and vide an order dated 11.11.2020, in MAC Appeal No. 125/2020, all 3(three) appeals have been tagged together.

3. In all these 3(three) appeals, there is no challenge to the quantum of compensation awarded by the Member, MACT, in the impugned Awards dated 29.11.2013 in MAC Appeal No.106/2014, dated 29.11.2013 in MAC Appeal No.124/2014 and dated 12.05.2015 in MAC Appeal No.125/2020.

4. The question which arises in all these three appeals is as to whether the appellant is liable to pay the compensation or is it the Insurance Company who is liable to pay the compensation to the third party.

5. In the back drop of the above, let us take the brief facts of the instant case.

6. The appellant in all the 3(three) appeals is the owner of a vehicle bearing Registration No. AS-10-5526 which is Tata Spacio Gold (Tata Sumo) and on 22.08.2008 on NH-54 at Marry Lo kham, the said vehicle of the appellant

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