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2025 Supreme(Gau) 1460

IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG
Cholamandalam M/s General Insurance Company Ltd. r/b Sh Gautam Pradhan Asst Manager – Appellant
Versus
Vanlalhriati and Ors. W/o Hranghluna (L) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Roshan Subedi Advocate
For the Respondent: Mr Lalremtluanga

JUDGEMENT :

MARLI VANKUNG, J.

Heard Mr. Roshan Subedi, learned counsel for the appellant Insurance Company. Also heard Mr. Lalremtluanga, learned counsel for the claimant respondent No. 1.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the impugned Judgment & Award dated 02.11.2023 passed by the learned Member-cum-Presiding Officer of the Motor Accident Claims Tribunal, Aizawl in MAC Case No. 43/2019, wherein the learned Tribunal had awarded the sum of Rs. 20,49,000/- with 7% interest per annum, from the date of filing the application i.e., on 06.08.2019 to be paid by the Insurance Company/appellant.

3. Facts of the case in brief is that the daughter of the claimant Lalrempuii, aged 34 years died in the vehicular accident on 05.04.2019 at 2:15 PM, when one tripper bearing registration No. MZ 01 M-7405 belonging to the respondent No. 2, which was driven by respondent No. 2, while proceeding towards Mamit side, carrying a load of stone chips, knocked down the Scooty bearing registration No. MZ 01/3847 driven by Lalrempuii (deceased) with one pillion rider. The accident caused the instant death of Scooty driver Lalrempuii, while the pillion rider is

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