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2022 Supreme(Gau) 433

MALASRI NANDI
New India Assurance Co. Ltd. – Appellant
Versus
Ram Prasad Rimal, S/o. Late Padma Prasad Rimal – Respondent


Advocates Appeared:
For the Appellant : Mr. A.J. Saikia.
For the Respondents: Mr. S. Khound.

JUDGMENT :

1. Heard Mr. A.J. Saikia, learned counsel appearing for the appellant/petitioner as well as Mr. S. Khound, learned counsel appearing for the respondent No. 3/Insurance Company.

2. The appellant, Insurance Company i.e. the insurer of the alleged offending vehicle AS01C/3955 has challenged the award passed by the Learned Member MACT, Tinsukia in MAC Case No 134/2011 awarding compensation of Rs.10,77,026/- (Rupees Ten Lakhs Seventy Seven Thousand and Twenty Six) in favour of the injured victim Om Prakash Rimal.

3. The brief fact of the case is that father of the victim Ram Prasad Rimal as claimant filed a claim case u/s 166 MV Act, 1988 before the MACT, Tinsukia seeking compensation on account of permanent disability of his son Om Prakash Rimal in a motor vehicle accident which occurred on 27/10/2010. It is alleged that on the date of incident at about 11 A.M. while the victim was coming by riding his bicycle from Daragaon to Chepakhowa Town, one Maruti Van bearing no AS10C/3955 coming from the same direction in a rash and negligent manner, knocked down the victim from b

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