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2024 Supreme(Gau) 928

MRIDUL KUMAR KALITA
Divisional Manager, National Insurance Co. Ltd – Appellant
Versus
Moni Saikia – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. Moajungla, Advocate
For the Respondent:Mr. B. N. Sarmah, Adv., Ms. Nuksungtila, Advocate Mr. Z. Kulnu, Advocate

JUDGMENT :

HON’BLE MR. JUSTICE MRIDUL KUMAR KALITA

1. Heard Ms. Moajungla, learned counsel for the appellant. Also heard Mr. B. N. Sarmah, learned counsel for the respondent Nos. 1 to 5, Ms. Nuksungtila, learned counsel for the respondent No. 6 and Mr. Z. Kulnu, learned counsel for the respondent No. 7.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the Divisional Manager, National Insurance Company Ltd. against the judgment and award dated 25.03.2022 passed by the learned Member, Motor Accident Claims Tribunal, Tuensang in MAC Case No. 11/2019.

3. By the impugned judgment and award, a compensation amounting to Rs. 22,55,000/-was directed to be paid to the respondent Nos. 1 to 5 by the appellant-Insurance Company.

4. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

    (i) That on 22.01.2019 at about 4 p.m., the deceased, namely, Purnima Saikia, wife of the respondent No. 1, Shri Moni Saikia, was traveling as a pillion rider in a motorcycle bearing Registration No. AS-07-M-0159 and the said motorcycle met with an accident when one goat appeared before the motorcycle. As the motorbike was driven by the driver at a v

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