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2014 Supreme(Sikk) 62

S.P.WANGDI
Branch Manager, United India Insurance Company Limited – Appellant
Versus
Biresh Giri – Respondent


Advocate Appeared
For Appellant:Ms. Navtara Sarda, Advocate.
For Respondents No.1 to 4:Mr. Ajay Rathi, Mr. Rahul Rathi and Ms. Pema Wongmu Bhutia, Advocates.
For Respondent No.5:Mr. Zangpo Sherpa, Advocate as Legal Aid Counsel with Mr. Dewen Sharma Luitel, Advocate.

Judgment

Wangdi, J.

1. By these Appeals, the Appellant-Insurance Company seeks to assail the impugned judgments dated 27-12-2013 and dated 21-12-2013 in MACT Case No.21 of 2012 and MACT Case No.22 of 2012 respectively passed by the Learned Member, Motor Accident Claims Tribunal, East and North Sikkim at Gangtok (in short the “Learned Claims Tribunal”), by which the Respondents-Claimants have been awarded compensation with interest to be paid by the Appellant-Insurance Company.

2. These Appeals are being disposed of by this common judgment as the issues involved in both the cases are the same having arisen from the same motor vehicle accident when driven by the same driver in which the deceased persons had died.

3. In MAC App. No.7 of 2014, the Respondents No.1 and 2 are the parents of the deceased Mardhoj Giri while Respondents No.3 and 4 are his brothers (Respondent No.4 has been wrongly mentioned as daughter in the cause title). Similarly, in MAC App. No.8 of 2014, the Respondents No.1 and 2 are the parents of the deceased Hari Mali while Respondents No.3 to 6 are his brothers.

4(i). The facts as would be material for disposal of these Appeals are that deceased Mardhoj Giri and H
























































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