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2022 Supreme(Gau) 320

MALASRI NANDI
Lakheswari Boro W/o Sri Nathu Ram Boro – Appellant
Versus
Md. Abdul Rashid S/o Abdul Rajak – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Talukdar.
For the Respondent: R. Goswami.

JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. M. Talukdar, learned counsel appearing for the appellant/petitioner as well as Mr. R. Goswami, learned counsel appearing for the respondent No. 3/Insurance Company.

2. This appeal is directed against the Judgment and Award dated 30/06/2016 passed by the learned Additional District Judge (FTC) No 3 Kamrup (M) in MAC case no 1959/2013.

3. The appellant as a claimant filed the claim petition before the learned Additional District Judge (FTC) No 3 Kamrup (M) Guwahati, claiming compensation for the death of her son Dhanjit Boro due to motor vehicle accident which occurred on 13/09/2013.

4. The facts of the case in brief is that on 13/09/2013 the son of the appellant/claimant Dhanjit Boro was proceeding to Barmanipur, Morigaon by riding a motor cycle bearing no AS-02-K/7478 along with his elder brother (pillion rider) in moderate speed. When they reached Charangkuchi, Jagiroad, suddenly another vehicle bearing no AS-02-AC/0304 (207 TATA DI) coming from the same direction in a rash and negligent manner knocked down the motor cycle in which the so

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