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2022 Supreme(Gau) 919

ARUN DEV CHOUDHURY
United India Insurance Company Limited – Appellant
Versus
Damyanti Lahkar and Anr W/o Sri Kamala Kanta Lahkar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. A Sarma, Mr. BJ Mukharjee, Advocate.
For the Respondent:Mr.A R Agarwala, Mr. R Sarma, Advocate

JUDGMENT & ORDER :

Heard Mr. BJ Mukharjee, learned counsel on behalf of Mr. SS Sharma, learned counsel for the appellant. Also heard Mr. R Sarma, learned counsel for the Insurance Company i.e. respondent No. 2.

2. The present appeal is preferred against the Judgment and Award dated 09.07.2014, passed in MAC Case No. 2035/2011 by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup.

3. The basic ground of challenge by the Insurance Company is that the award ought to have been made payable by the owner cum driver of the vehicle as it is established that he was possessing fake driving license.

4. It is the case of the claimant that on 12.04.2011 when she was walking by the side of the road at Changsari Bhakat Suba Tiniali, she was knocked down by the offending vehicle bearing registration No. ML-10-5137 coming in a rash and negligent manner from her back side causing her grievous hurt. After the accident, she was shifted to Guwahati Orthopaedic Centre at Athgaon. Thereafter, she was admitted at the Sanjeevani Hospital, Maligaon for her treatment. At the time of accident, the claimant was aged about 50 years and her monthly income was Rs. 4,000/- from her profession.

5. The Hon’

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