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2024 Supreme(Gau) 355

BUDI HABUNG
Assistant Manager HDFC Ergo General Insurance Co. Ltd. – Appellant
Versus
Surya Boruah S/o Mohan Ch. Boruah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Moa Jamir
For the Respondent: B. N. Sarmah

JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned judgment and order dated 22.10.2019 passed by the learned Motor Accident Claims Tribunal, Mokochung, Nagaland in MAC Case No. 43 of 2017.

2. The facts of the case in brief are that on 28.04.2017, the respondent/claimant was travelling from North Lakhimpur to Guwahati in the vehicle bearing No. AS-07J/0666 (Chevrolet Beat car). At about 4.30 AM, near Golchoak Borghat Bye Pass, due to rash and negligent driving, the driver of the vehicle lost control and collided with two guard post of the road side and rolled down below the road. As a result, the claimant sustained grievous injuries all over his body for which he was admitted in the Civil Hospital for treatment. The vehicle also got badly damaged in the said accident. The claimant had undertaken treatment at different hospitals and also undergone many operations. However, despite of such treatments, the claimant could not be cured fully and became permanently disabled. Hence, the claimant filed a claim petition before the Motor Accident Claims Tribunal, Mokokchung, Nagaland claiming a compensation of Rs. 34,90,400/- (Rupees Thir

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