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2022 Supreme(Gau) 43

MALASRI NANDI
National Insurance Company Limited – Appellant
Versus
Tarulata Gogoi W/o Late Dinaram Gogoi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. R.D. Mozumdar.
For the Respondent: Ms. P. Bhattacharjee.

JUDGMENT :

MALASRI NANDI, J.

1. This is an appeal filed under Section 173 of M.V. Act 1988 against the judgment and order dated 01.02.2013 passed by learned Member, MACT, Jorhat awarding compensation amounting to Rs. 1,82,000/- (Rupees One Lakh Eighty Two Thousand) only in favour of the respondent/claimant in MAC Case No. 18 of 1998.

2. The brief facts of the case is that on 12.11.1996 at about 1:00 P.M. the son of the claimant (Prem Kanta Gogoi) was riding a scooter bearing Registration No. AMU-7018 being owned by one Sri. Suren Dutta. He was coming towards Jorhat town from Pulibar side. According to the claimant, one vehicle bearing Registration No. AS-01B/3101 (Recovery Van) knocked down her son Prema Kanta Gogoi as a result he sustained grievous injuries on his person. He was shifted to A.G. Nursing Home, Jorhat. As his condition was critical the injured was referred to Guwahati Medical College and Hospital. Thereafter, the injured was brought to Guwahati Medical College and Hospital, where he died on the next date. The claimant further stated that the accident occurred due to

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