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2025 Supreme(Gau) 806

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Oriental Insurance Co. Ltd – Appellant
Versus
Longdise Sangtam S/o Mukhichu Sangtam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : VIKRAMJEET DEVNATH,
For the Respondent: TONGPOK PONGENER, MUTHOI, AYALA IMCHEN, AKUM AIER, VIKEHIENUO VIMERHA, LAKNYEI PHOM, AKUM JAMIR

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

The present appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 (Hereinafter referred to as the MV Act of 1988) has been preferred by the Oriental Insurance Co. Ltd. against the Judgment and Award dated 31.05.2022 passed by the learned MACT, Mokokchung, Nagaland in MAC Case No. 12/2020.

2. I have heard learned counsel for the appellant, Mr. Vikramjeet Devnath and Mr. Tongpok Pongener, learned counsel for the claimant/respondent no. 1 (R-1). None appears for the respondent nos. 2 and 3.

3. In the present case, the R-1 as claimant had filed a claim petition under Section 166 of the MV Act of 1988 before the MACT, Mokokchung, Nagaland being registered as MAC Case No. 12/2020 claiming compensation on account of the injuries sustained by him in a road traffic accident on 29.01.2020 involving a vehicle bearing No. NL-02C-6422, wherein the claimant/R-1 was walking on foot on the roadside of Old Dikhu Road near Chuchuyimpang Village, Mokokchung. While walking, the Maruti car bearing No. NL-02C-6422 hit him from the opposite direction. As a result he sustained bodily injury, with a compound fracture of Tibia and was rushed to the hospital. In the c

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