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2023 Supreme(Gau) 429

MANISH CHOUDHURY
Oriental Insurance Co. Ltd. – Appellant
Versus
Silina Dhan, W/o. Late Juna Dhan – Respondent


Advocates Appeared:
For the Petitioner: B. Devnath.
For the Respondent: Tayongchuba.

JUDGMENT :

Heard Mr. V. Devnath, learned counsel for the appellant, Mr. Tayongchuba, learned counsel for respondent nos. 1 to 3 and Ms. Moajungla, learned counsel for respondent no.5.

2. By Order dated 08.08.2022, the service of notice upon respondent no. 4 is deemed to be served. But despite service of notice, none has entered appearance on behalf of the respondent no. 4.

3. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against a judgment and award dated 30.01.2020 passed by the learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland (“the Tribunal” in short) in MAC Case no. 54/2014. By the judgment and award dated 30.01.2020, the learned Tribunal has awarded an amount of Rs.7,70,000/ (Rupees seven lakh seventy thousand) including Rs.50,000/-(Rupees fifty thousand) towards No-Fault Liability, as compensation to the three claimants, who are the respondent nos. 1, 2 & 3 in the instant appeal, with interest @9% per annum from the date of filing of the claim application till realization.

4. The claimants-respondent nos. 1, 2 & 3 are the legal representatives of one Juna Dhan. In the claim application instituted under Section 166 of the Motor Vehicles

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