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2022 Supreme(Gau) 780

Abhishek Chakraborty, S/o. Late Subrata Chakaborty – Appellant
Versus
Bulbuli Borphukan, W/o. Sri Dilip Borphukan – Respondent


Advocates Appeared:
For the Petitioner: Mr. S.S. Sharma.
For the Respondents: Mr. N.Uddin.

JUDGMENT :

1. Heard Mr. H. Buragohain, learned Counsel appearing on behalf of Mr. S.S. Sharma, learned counsel for the appellants. Also heard Mr. M. Islam, learned Counsel appeared on behalf of the respondents.

2. This is an application under section 173 of Motor Vehicle Act of 1988, filed by claimant/appellant against the judgment and order dated 09.02.2018, passed in MAC Case No. 1140/2014, by the learned Member MACT, No. 3, Kamrup (M), Guwahati awarding an amount of Rs.11, 10,000/- along with 7.5% interest per anum from the date of filing of the written statement till realisation.

3. Brief facts leading to this case is that the claimant/respondent Smt. Bulbuli Borphukan along with two others filed the application under section 166 of Motor Vehicle Act 1988, claiming compensation on the ground of death of her son in a motor vehicle accident, which occurred on 04.11.2013, due to rash and negligent driving of the driver of the vehicle bearing registration No. AS-06-L-8914.

4. The opposite party No. 1 i.e. the owner cum driver of the motorcycle by filing his written statement denied

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