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2023 Supreme(Gau) 71

ARUN DEV CHOUDHURY
Radha Jain W/o Late Sanjay Kr. Jain – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. G. Jalan, Adv.
For the Respondent: Mr. A Ahmed, Mr. R. K. Bhatra, Adv.

JUDGMENT & ORDER :

1. Heard Mr. G. Jalan, learned counsel for the appellant. Also heard Mr. R. K. Bhatra, learned counsel for the respondent No. 1,Insurance Company.

2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the Judgment and Award dated 18.12.2012, passed by the learned Member of Motor Accident Claims Tribunal, Kamrup at Guwahati in MAC Case No. 2962/2006 for enhancement of compensation.

3. The brief fact leading to filing of the present appeal as well as the projected claim can be summarised as follows:-

    I. While on 08.07.2006 the deceased person was proceeding towards Gangotri from Haridwar in the offending bus bearing registration No. UA07/C-9232, due to rash and negligent driving, the bus fell into a river near Dharasu Band, as a result of which the husband of the claimant and her brother-in-law died. Accordingly, the claim petition was filed before the Tribunal.

II. The learned Tribunal below issued notice to the opposite parties i.e. the insurance company, the owner and the driver of the offending vehicle.

III. The owner of the

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