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2022 Supreme(Gau) 447

RUMI KUMARI PHUKAN
Balchand Rampuria @ Kamal – Appellant
Versus
Green Valley Travels Pvt Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. V. K. Chopra.
For the Respondent: Mr. K.K. Bhatta.

JUDGEMENT :

Heard Mr. V.K. Chopra, learned counsel appearing for the petitioner/appellant. Also heard Mr. K.K. Bhatta, learned counsel appearing for the opp. Party/respondent.

2. By filing this application under Order 47 Rule 1, read with Section 114 & 151 of the CPC, the petitioner sought for review and/or modification of the judgment and order dated 18.09.2018, passed in MAC Appeal No.28/2016.

3. On 09.04.1999, the claimant/petitioner met with an accident while he was travelling in a vehicle bearing Regn. No.AS-10/D-2733 (Bus) from Guwahati to Nagaon and collided head on with a truck bearing Regn. No.MN-01/4829, wherein he sustained grievous injuries on his person.

4. The claimant/petitioner preferred a claim petition before the Member, MACT, Kamrup vide MAC Case No.951/99 and after conclusion of trial, the learned Tribunal awarded an amount of Rs.2,77,000/-in total under three heads: (1) Rs.49,000/-as Medical expenses, (2) Rs.30,000/-for pain and suffering and (3) Rs.1,98,000/-for loss of earning. In addition to the above, the learned Tribunal ordered payment of rate of interest @6% per annum from the date of filing of the claim petition i.e. from 17.11.1999 till the date of payment

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