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2024 Supreme(Gau) 121

ROBIN PHUKAN
United India Insurance Company Ltd. – Appellant
Versus
Jagadish Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pfoseko Pfotte
For the Respondent: Mr. B.N. Sharma

JUDGMENT :

Judgment and order, dated 12.04.2019, passed by the learned Member MACT, at Dimapur, Nagaland in MAC Case No.71/2014, is challenged in this appeal by United India Insurance Company Ltd. It is to be noted here that vide impugned judgment and order, the learned Member MACT, Dimapur, has awarded a sum of Rs 4,44,560/-(Rupees four lakhs forty-four thousand five hundred and sixty) under different heads, payable by the appellant along with interest @ 9% per annum, from the date of filing of the claim petition till actual realization.

2. The factual background, leading to filing of this present appeal is briefly stated as under:-

    “On 11.04.2013, at about 11:30 PM, the claimant/respondent No.1, being the casual employee of respondent No.3, was returning home after attending his assigned duty in a Crane, bearing Registration No. WB-24E/7413, being driven by respondent No.2, met with an accident near Khatkhati Petrol Pump, due to steering failure and rash and negligent driving. The vehicle turned turtle and as a result of which the respondent No.1 sustained grievous injuries leading to his physiological and functional inabilities. Thereafter, the respondent No.1 had filed a claim pet

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