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2025 Supreme(Gau) 1775

IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Bina Devi W/o Late Om Prakash Sah – Appellant
Versus
New India Assurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants : S. Banik, A.N. Hussain, S. Bora
For the Respondents: R.C. Paul, A. Acharya, R.C. Paul

JUDGMENT :

ROBIN PHUKAN, J.

1. Heard Mr. S. Banik, leaned counsel for the appellant and Mr. R.C. Paul, learned standing counsel for the respondent No.2. None appears for the respondent No.1.

2. In this appeal, under Section 173 of the MOTOR VEHICLES ACT , 1988, the appellant has challenged the judgment and award dated 30.10.2019, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur at Tezpur (learned Tribunal, for short), in MAC Case No. 11/2018(D).

3. It is to be noted here that vide the impugned judgment and award dated 30.10.2019, the learned Tribunal has allowed the claim petition filed by the petitioner, directing the opposite party No. 5, i.e., the United India Insurance Co. Ltd. to pay the sum of Rs. 10,00,150/- with interest @ 6% per annum, from the date of filing of the claim petition, i.e., on 31.03.2018; till full and final realization.

4. Being highly aggrieved by the said judgment and award dated 30.10.2019, passed by the Learned Member, Motor Accidents Claims Tribunal, Sonitpur, Tezpur the appellant has preferred the present appeal on the following grounds:-

(i) That the Learned Tribunal erred in law in directing the respondent No.5 to discharge the liab

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