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2023 Supreme(Gau) 176

AJIT BORTHAKUR
Binu Ray, W/o. Late Ananga Ray – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent


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

JUDGMENT :

Heard Mr. M. Khan, learned counsel for the appellant and Ms. M. Choudhury, learned counsel for the respondent No. 1/Insurance Company.

2. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been filed for enhancement of the amount of award passed by the learned Member, MACT Bongaigaon vide Judgment and Award, dated 20.12.2019 in MAC Case No. 145/2013.

3. The case of the appellant/claimant, in brief, is that on 25.11.2008 at about 3:15 am., a bus bearing registration No. AS-01-7513 driven by the respondent No. 3 was proceeding from Bijni towards Abhayapuri and when the vehicle reached Gerukhabari Chowk on National Highway No.31, a truck coming from eastern side towards Dhubri in rash and negligent manner, knocked down the bus due to which the bus rolled down and the handyman (Dhananjay Ray), who was the son of the claimant, sustained grievous head injury and died on the spot.

4. The appellant/claimant filed MAC Case No. 145/13 before the Court of learned Member, MACT, Bongaigaon, claiming compensation for an amount of Rs.5,75,000/-(Rupees Five Lakhs Seven

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