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2022 Supreme(Gau) 671

ARUN DEV CHOUDHURY
Niru Bora – Appellant
Versus
Rajendra Khadria – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. M Dutta
For the Respondent:Mr. A K Gupta, Mr. A Dutta, Advocate

JUDGMENT :

Heard Mr. M Dutta, learned counsel for the claimant/appellant. Also heard Mr. A Dutta, learned counsel representing National Insurance Company Ltd. (respondent No. 3) and Mr. A K Gupta, learned counsel representing respondent Nos. 1 and 2.

2. This is an appeal by the claimant assailing the judgment and award dated 13.10.2015 passed by the learned Member, MACT, Golaghat. This present appeal is basically filed for enhancement of the award, in other words, assailing that the learned Tribunal has wrongly determined the quantum of award ignoring certain vital aspects.

3. Neither the Insurance Company nor the driver or owner of the offending vehicle has preferred any appeal against the judgment.

4. Mr. A Dutta, learned counsel for the Insurance Company in his usual fairness submits that the Insurance Company is not aggrieved by the judgment and award, however, he will oppose the present appeal for enhancement of the award.

5. Background facts/the accident:

The claimant/appellant, who is wife of the deceased. The husband of the claimant died in the motor vehicular accident in que

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