ORDER

15.11.2022

1. Heard Ms. I. Das, learned counsel for the appellant – United India Insurance Company Limited. Also heard Shri D. Baruah, learned counsel appearing on behalf of the respondent – claimant.

2. As regard the service upon the respondents, there was a paper publication in terms of an order of this Court which was made and supported by an affidavit as reflected in the Office Note dated 15.03.2018.

3. The present appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 29.11.2012 passed by the learned MACT, Dibrugarh in MAC Case No. 95/2005. By the impugned judgment, a sum of Rs. 5,04,320/- (Rupees Five Lakh Four Thousand Three Hundred Twenty) has been directed to be paid with simple interest at the rate of 6 % per annum with effect from date of filing of the claim petition, i.e., 14.09.2005. The liability has been divided amongst the present appellant and the driver and owner of another offending vehicle namely a truck.

4. Before dealing with the grounds of appeal, the bare facts are required to be noted which are as follows.

5. The claimant is the widow of the deceased Putul Gogoi, who was a Grade -IV employee of Baha