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2023 Supreme(Gau) 1088

SANJAY KUMAR MEDHI
Jitumoni Regon S/o Shri Rajen Regon – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R. Deka.
For the Respondent: A.J. Saikia.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. The instant appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 in respect of a judgment and order dated 27.11.2018 passed by the learned Motor Accident Claims Tribunal, Kamrup (Metro) in MAC Case No. 381/2015. The appellants are aggrieved with regard to the adequacy of the Award.

2. While the appellant no. 1 is the husband of the deceased, the appellant nos. 2 and 3 are the minor sons. It is the case projected by the appellants that the wife of the appellant no. 1- Amiya Das had expired in a motor vehicles accident occurring on 05.12.2014, involving a motorcycle bearing registration number AS-01/80-0863, which had occurred under the Bhangagarh Police Station in the district of Kamrup (M). She was rushed to the Guwahati Medical College and Hospital and she had ultimately passed away on 07.12.2014. The claim was to the tune of Rs.20 lakhs.

3. The claim was resisted by the opposite parties by filing written statements. The owner cum driver of the vehicle who was arrayed as opposite party no. 1 had denied the claim. However,

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