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2021 Supreme(Megh) 96

W. DIENGDOH
New India Assurance Co. Ltd. – Appellant
Versus
Khein Kharsati Represented By Smti. Shandra Kharsati – Respondent


Advocates appeared:
Mr. S. Jindal, Advocate, for the Petitioner; Mr. H. Nongkhlaw, Advocate, for the Respondent No. 1; None, for the Respondent Nos. 2 & 3

JUDGMENT

1. The Judgment dated 13.06.2019 passed by the learned Member, Motor Accident Claims Tribunal (MACT), East Khasi Hills, Shillong is under challenge in this instant appeal.

2. Brief facts of the case is that on 17.09.2011 at about 9:00 PM a Motor Vehicle Accident occurred at a place called Pomlahier, Mawryngkneng in the East Khasi Hills District of Meghalaya whereby one Truck bearing registration number AS01-BC-3835 dashed against one pedestrian Banlong Kharsati who received head and multiple injuries and died on the spot.

3. The mother of the deceased, the Respondent No. 1 herein through her daughter Smti. Shandra Kharsati sought for compensation on account of the death of her son, named above from the MACT, Shillong for an amount of Rs.14,30,000/- (Rupees fourteen lakhs and thirty thousand) only against the Owner, Driver and Insurer of the said vehicle in question.

4. It may also be mentioned that as a result of the said Motor Vehicle Accident, the police had registered a criminal case being Madanriting P.S. Case No. 92 (9) of 2011 under Section 279/304 A IPC against the driver of the said truck.

5. On the matter being taken up by the MACT, Shillong, the Insurer/New India Assu

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