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2024 Supreme(Gau) 927

MRIDUL KUMAR KALITA
Oriental Insurance Co. Ltd – Appellant
Versus
Gobin Bhuyan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: B. Devnath
For the Respondent: Moajungla

JUDGMENT :

HON'BLE MR JUSTICE MRIDUL KUMAR KALITA

1. Heard Mr. V. Devnath, learned counsel for the appellant. Also heard Mr. B. N. Sarmah, learned Counsel for Respondent No. 1, 2 and 3 and Ms. Moajungla, learned counsel for Respondent No. 4.

2. This Motor Accident Claims Appeal has been preferred by the appellant, namely, the Oriental Insurance Company Limited under Section 173 of the Motor Vehicle Act, 1988 against the judgment and award dated 25.03.2022 passed by the Motor Accident Claims Tribunal, Tuensang, Nagaland in MAC Case No.07/2019, whereby the appellant Insurance Company was directed to pay the compensation amount of Rs. 15,81,922/-only along with an interest at the rate of 9% per annum from the date of filing of the claim petition until payment of the compensation amount to the claimants.

3. The facts relevant for adjudication of this appeal, in brief, are as follows:

    i. The appellant is an Insurance Company subsidiary to the General Insurance Corporation of India and as such, a Government of India undertaking actively involved in the business of general insurance.

ii. On 20.01.2019, the deceased Ranjan Bhunya riding pillion on the motorcycle bearing registration No. AS 07 A

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