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2022 Supreme(Gau) 594

DEVASHIS BARUAH
National Insurance Company Limited – Appellant
Versus
Ranu Kalita And Anr. W/o. Late Gobinda Kalita – Respondent


Advocates Appeared:
For the Appellant :Mr. T. Kalita, Advocate.
For the Respondents:Mr. R. Deka, Advocate.

JUDGMENT :

1. Heard Mr. T. Kalita, the learned counsel for the appellant and Mr. R. Deka, the learned counsel appearing on behalf of the respondents.

2. This appeal arises out of the judgment and award dated 02.02.202 passed in MAC (D) Case No.24/2019 by the learned Member, Motor Accident Claims Tribunal, Darrang, Mangaldai whereby the Tribunal adjudged that an amount of Rs.61,47,525/-along with the interest at the rate of 7 % per annum from the date of filing of the claim petition, i.e. from 25.02.2019 till realization would be the just and fair compensation in terms with Section 168 of the Motor Vehicles Act, 1888 (for shot, the Act of 1988).

3. The case of the appellant in brief is that the learned Tribunal below failed to take into consideration the notification dated 14.09.2017, issued by the Principal Secretary to the Government of Assam, Finance Department relating to “Scheme for Compassionate Family Pension in lieu of Compassionate Appointment” while deciding the claim petition, and as such, the impugned judgment and award, on the face of it is perverse and liable to the interfered with.

4. For deciding the said aspect of the matter, it would be relevant to take note of the

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