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2021 Supreme(Gau) 815

SANJAY KUMAR MEDHI
United India Insurance Company Ltd. – Appellant
Versus
Kusum Rajkhowa W/o Late Bhaba Rajhowa – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.S. Sharma.
For the Respondent: D.C. Borah.

ORDER :

1. Both these appeals having arisen out of the same judgment and award dated 15.03.2017 passed by the learned Motor Accident Claims Tribunal No. 3, Kamrup (M) at Guwahati in MAC Case No. 2236/2014, the same are taken up for disposal together.

2. While MAC Appeal No. 135/2018 has been preferred by the Insurance Company questioning the quantum of the award on various grounds, the MAC Appeal 249/2018 has been preferred by the claimants praying for enhancement of the award dated 15.03.2017.

3. Before going to the respective cases, of the parties before this Court, it would be convenient to narrate the facts of the case which have culminated into the judgment and award dated 15.03.2017.

4. The instant appeal pertains to death in a motor accident claim. The deceased Shri Girindra Rajkhowa was accompanying his friend Sankumoni Goswami in an Innova car which met with an accident on 25.06.2014 at 9.40 pm. In the said accident, Shri Girindra Rajkhowa suffered multiple injuries and died on the spot. Accordingly, the claimant who is the mother of the deceased had filed the instant claim petition before the learned Tribunal which was registered as MAC Case No. 2236/2014. The vehicle in ques

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