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2019 Supreme(Sikk) 37

MEENAKSHI MADAN RAI
Municipal Commissioner, Gangtok Municipal Corporation – Appellant
Versus
Pabitra Singh Kami, Wife of Late H. K. Biswakarma – Respondent


Advocate Appeared:
For the Appellant :Mr. Jorgay Namka and Ms. Tashi Doma Sherpa, Advocates
For the Respondent:Mr. N. Rai, Senior Advocate with Mr. K.B. Chhetri and Mr. Sunil Baraily, Mr. Thupden G. Bhutia, Advocate

JUDGMENT :

Meenakshi Madan Rai, J

1. The learned Motor Accidents Claims Tribunal, East Sikkim at Gangtok (hereinafter “learned Tribunal”) vide the impugned Judgment dated 28.07.2017, in MACT Case No. 27 of 2016 (Mrs. Pabitra Singh Kami and Another v. Municipal Commissioner, Gangtok Municipal Corporation and Others) directed payment of compensation of Rs.17,29,380/-(Rupees seventeen lakhs, twenty nine thousand, three hundred and eighty) only, to the Respondents No. 1 and 2 (Claimants No. 1 and 2 before the learned Tribunal) by the Appellant No. 1 (Opposite Party No. 1 before the learned Tribunal) along with interest fixed thereon. Aggrieved thereof the Appellants No. 1 and 2 are before this Court.

2. A motor vehicle accident occurred on 04.07.2015 at a place known as “32 Number,” whereby a commercial vehicle bearing No. WB-76-7946 (Tata Sumo, Gold), driven by the deceased from Gangtok to Siliguri, allegedly hit a parapet and a telephone pole on the left side of the road and was thereafter struck from behind by the Truck bearing No. SK-01-D-2807, driven by the Appellant No. 2 (Oppos

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