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2014 Supreme(Sikk) 14

N.K.JAIN
Branch Manager, Bajaj Allianz General Insurance Co. Ltd. – Appellant
Versus
Rita Thapa – Respondent


Advocates Appeared:
For Appellant:Mr. Thupden Gyatso Bhutia, Advocate.
For Respondents No. 1 to 3:M/s. Ajay Rathi and Saroj Singh, Advocates.
For Respondent No. 2:Ms. Sabina, Advocate.

JUDGMENT

Jain, CJ.

Heard learned counsel for the parties.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred as “the Act”) is directed against the impugned judgment/award dated 30.07.2013 passed by the Member, Motor Accidents Claims Tribunal, East and North Sikkim at Gangtok (hereinafter referred as “the Tribunal) in MACT Case No. 01 of 2012, whereby the learned Tribunal passed an award of Rs.8,01,500/-(Rupees eight lakh one thousand five hundred) in favour of claimants/respondents No. 1 to 3 under different heads and directed the opposite party No.1/appellant to pay the said compensation with interest @ 10 % per annum from the date of filing of the claim petition, till the date of its realization.

3. Briefly stated the facts of the case are that the claimants/ respondents No. 1 to 3, who are wife and sons of the deceased Bhanu Thapa, filed an application for compensation of Rs.9,78,000/-(Rupees nine lakh seventy eight thousand) before the Tribunal on 02.01.2012 in respect of death of late Bhanu Thapa, who died in an accident, arising out of use of motor vehicle. At the top and subject of the claim application, it is mentioned that the Application














































































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