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2014 Supreme(Sikk) 93

NARENDRA KUMAR JAIN
BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
MADANSHA SHERPA – Respondent


Advocate Appeared:
For the Appellant :Shrawan Kr. Prasad, Advocates
For the Respondent:N. Rai, J.K. Kharka, Bindu Gurung and Tamanna Chettri, Advocates

JUDGMENT

Narendra Kumar Jain, J.

Heard learned counsel for the parties. The Branch Manager, Oriental Insurance Co. Ltd., Gangtok, East Sikkim, has preferred this appeal against judgment dated 30.3.2013 passed by Motor Accidents Claims Tribunal, East and North Sikkim at Gangtok (for short, 'the Tribunal') in M.A.C.T. Case No. 19 of 2012, whereby learned Tribunal awarded a compensation of Rs. 4,55,500 in favour of claimants-respondents in respect of death of Dawa Gyalpo Sherpa, who died in motor accident on 28.1.2012.

2. Briefly stated, the facts of the case are that the claimants-respondents filed an application under section 163-A of the Motor Vehicles Act, 1988 before the Tribunal against non-applicant-appellant for compensation in respect of death of Dawa Gyalpo Sherpa, who died in motor accident on 28.1.2012. The respondent No. 1 is widow and respondent Nos. 2 and 3 are children of the deceased. The claimants claimed a compensation of Rs. 4,76,000 under different heads as mentioned in the claim application.

3. The non-applicant-appellant filed its written objection/reply, wherein claim was disputed.

4. Learned Tribunal, on the basis of pleadings of the parties, framed the following i

































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