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2022 Supreme(Gau) 748

ARUN DEV CHOUDHURY
Oriental Insurance Co. Ltd. – Appellant
Versus
Srimati Baruah, W/o. Sri Jibendra Narayan Baruah – Respondent


Advocates Appeared:
For the Appellant : Ms. M. Choudhury.
For the Respondents: Mr. M. Khan.

JUDGMENT :

Heard Ms. M. Choudhury, learned counsel for the appellant /Insurance Company. Also heard Mr. Khan, learned counsel for the respondent/claimants.

1. The Accident:-

The case of the claimant respondent is that on 16.01.2015 while their son was coming from Manikpur towards his home in the vehicle bearing registration No. AS-19/G-4224 (Bolero) along with his relatives and while it reached at Hapachara under Bongaigaon Police station, another vehicle bearing registration No. WB-57/B-4589 (Truck) was coming from opposite direction in a rash and negligent driving knocked down the Bolero Car and as a result their son died on the spot.

2. The Claim and Award:

The claim petition was filed by the claimants namely Smt Srimati Baruah and Sri Jibendra Narayan Baruah under Section 166 of MV Act, 1988 seeking compensation at Rs.7,65,000/- only from the opposite parties for the death of their minor son Dhurjyoti Baruah due to the vehicular accident occurred on 16.01.2015 at about 06.45 at Hapachara, District-Bongaigaon.

After perusal of the materials available on record, the learned Tribuna

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