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2025 Supreme(Gau) 1640

IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
BUDI HABUNG
New India Assurance Company Ltd. – Appellant
Versus
Bipul Baruah, S/o Sri Poran Baruah – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R. Goswami
For the Respondent: Mr. G. Choudhury

JUDGMENT & ORDER :

BUDI HABUNG, J.

Heard Mr. R. Goswami, learned counsel for the appellant Insurance Company. Also heard Mr. G. Choudhury, learned counsel, appearing on behalf of respondent No. 1/claimant.

2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been preferred by the appellant Insurance Company against the judgment & award, dated 16-03-2022, passed by the learned Additional Member No. 2, Motor Accident Claim Tribunal, Tinsukia, in MAC. Case No. 68/2017, whereby, a compensation amount of Rs. 13,14,600/- was awarded along with interest at the rate of 6% per annum to be paid to the respondent No. 1/claimant from the date of filing of the claim petition till realisation of the same on account of the death of the claimant's son late Arun Baruah in a motorcycle accident which occurred on 02-10-2014 at about 8.30am.

3. Mr. Goswami, learned counsel for the appellant Insurance Company, at the very outset, has made it clear that the factum of the accident and liability of the insurer/appellant Insurance Company, is not in dispute. The only contention urged by the appellant Insurance Company in this appeal is with regard to the deduction made towards personal and li

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