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2016 Supreme(Tri) 142

T.VAIPHEI
Chandra Mala Chakma, W/O Late Jama Dhan Chakma – Appellant
Versus
Birendra Kumar Nath S/O Late Biswamber Nath – Respondent


Advocates Appeared:
For the Appellants : Mr. D.C. Saha, Mr. P.B. Chakma
For the Respondents: Mr. M.C. Dey, Mr. K. Bhattacharjee

JUDGMENT & ORDER :

Heard Mr. D.C. Saha, the learned Counsel for the appellants. I have also heard Mr. K. Bhattacharjee, the learned counsel for the respondent No.2 and Mr. M.C. Dey, the learned counsel for the respondent Nos. 1 and 3.

2. Dissatisfied with the award of Rs. 3,72,000/- passed by the learned, Member, Motor Accident Claims Tribunal, Dharmanagar in his judgment dated 07.06.2012 of T.S. (MAC) No.65 of 2011, the appellants are filing this appeal for enhancement of the compensation so awarded.

3. The facts giving rise to this appeal are that on 20.01.2011 at about 8 AM at Phaileng-Marpara road in between Pukzing and Phulpui village, Mamit District, the deceased namely, Jama Dhan Chakma, sustained serious injuries in a road traffic accident at about 8 a.m. allegedly due to the rash and negligent driving of the vehicle by the driver of the Truck bearing No.TR-02C-1604 (407). The deceased is survived by the appellant No.1, who is his wife, the appellant Nos.2 and 3, who are his son and daughter respectively. The appellant No.2 and the appellant No.3 are 16 years old and 15







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