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2015 Supreme(Sikk) 98

S.P.WANGDI
Branch Manager, National Insurance Company Limited – Appellant
Versus
Nimai Chandra Pal, S/o Late Radha Krishna Pal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Thupden G. Bhutia, Advocate
For the Respondent:Mr. Ajay Rathi, Advocate with Mr. Rahul Rathi and Ms. Pema Wangmu Bhutia, Mr. Bhushan Nepal, Advocate

JUDGMENT :

Wangdi, J.

1. This Appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act of 1988”) to assail the judgment of the Motor Accidents Claims Tribunal, East Sikkim at Gangtok (for short the “Claims Tribunal”) dated 29-05-2014 in MACT Case No. 820 of 2013 by which compensation of Rs. 91,62,410.24 (Rupees ninety one lakhs sixty two thousand four hundred ten and paisa twenty four) with interest @ 10% per annum was awarded apportioning it amongst the three Appeal under Section 173 of the Motor Vehicles Act, 1988 Claimants @ Rs. 34,35,903.84 (Rupees thirty four lakhs thirty five thousand nine hundred three and paisa eighty four) for the Respondents No. 1 and 2, the father and mother respectively of the deceased, and Rs. 22,90,602.56 (Rupees twenty two lakhs ninety thousand six hundred two and paisa fifty six) for the Respondent No. 3, the brother.

2. The Claim Petition under Section 166 of the Act of 1988 arose out of the death of one Priya Pal in a motor accident on 14-04-2013 at 9th Mile, J.N. Road, East Sikkim, while travelling with her













































































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