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2023 Supreme(Gau) 434

MRIDUL KUMAR KALITA
Oriental Insurance Co. Ltd. – Appellant
Versus
Gourango Debnath, S/o. Late Hari Charan Debnath – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Devnath, Mr. M. Wabang, Mr. V. Sirie, Mr. Xepe.
For the Respondent: Mr. P.B. Chhetry, Mr. Imti Imsong.

JUDGMENT :

Mridul Kumar Kalita, J.

1. By this common judgment, this court proposes to dispose of two appeals, namely MAC Appeal no. 7/2020 and MAC Appeal no. 8/2020 for the reason that the claims cases to which these appeals are related to arise out of same accident and were disposed of by a common judgment dated 16.01.2020 delivered by learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland in MAC case no. 19/2011 and MAC case no. 40/2011.

2. I have heard Mr. V. Devnath, learned counsel for the appellant and Mr. P. B. Chhetry, learned counsel for the respondent nos. 1-3 as well as Mr. Imti Imsong, learned counsel for the respondent no. 6 in MAC Appeal no. 7 of 2020. I have also heard Mr. V. Devnath, learned counsel for the appellant and Mr. P. B. Chhetry, learned counsel for the respondent no. 1 in MAC Appeal no. 8/2020.

3. The facts relevant for adjudication of both the above mentioned appeals, in brief, are as follows :

    (a) That, the respondent nos. 1, 2 and 3 in MAC Appeal no. 7/2020 are the father, mother and brother respectively of late Gautam Debnath, who died in a vehicular accident which occurred on 31.05.2010. They are also the claimants in MAC case no. 19/2011. The

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