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ON THE DEATH OF LATE KARUNA KANTA ROY HIS LEGAL HEIR BABITA ROY – Appellant
Versus
UNITED INDIA INSURANCE CO. LTD and 4 ORS – Respondent


Advocates:
['P BARUAH', '', 'B D GOSWAMI', 'H CHOUDHURY', '', 'A D CHOUDHURY', 'B SINHA', 'D CHOUDHURY', 'C SHARMA', 'S DUTTA', 'SIDHANT DUTTA', 'N MODI', 'P DIHINGIA']

ORDER

Date : 30-01-2020 Heard Mr. B. D. Goswami, learned counsel for the appellant. Also heard Ms.

M. Choudhury, learned counsel for the respondent No. 1 and Mr. S. Dutta, learned Counsel for the respondent No. 2 as well as Mr. P. Dutta, learned counsel for the respondent Nos. 3 & 4.

2. The present application under Section 173 of the Motor Vehicle, Act 1988 is preferred against the order dated 04.10.2012 passed by the learned Member, MACT, Bongaigaon in MAC Case No. 233/2009 whereby the motor accident claim filed by the appellant have been dismissed.

3. The claimant, namely, Karuna Kanta Roy, since deceased, had filed Motor Accident claim Case No. 233/2009 before the learned Member, MACT, Bongaigaon claiming compensation amount of Rs. 18 Lakhs on account of injury sustained by him due to his motor cycle bearing registration No. AS 15-A/2638 colliding with Tata Indica Car bearing registration No. AS-19B-4122 on 12.12.2007, under the jurisdiction of Abhayapuri, District Bongaigaon, Assam. As during the pendency of the above claim petition, the claimant/Karuna Kanta Roy had died, his legal representatives, namely, wife and daughters filed an application under Order 22 Rule-1 of the CPC f

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