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GAUHATI HIGH COURT
Malasri Nandi, J.
Insurance Company – Appellant
Versus
Claimants – Respondent
| Table of Content |
|---|
| 1. the circumstances leading to the appeal. (Para 2 , 3 , 4) |
| 2. arguments presented by both sides regarding compensation. (Para 5 , 6 , 7 , 8 , 9) |
| 3. court's examination of evidence and legal implications of the victim's status. (Para 10 , 11 , 12 , 13 , 19) |
| 4. ratios determining liability and compensation based on passenger status. (Para 16 , 17 , 18) |
| 5. final decision on compensation and liability. (Para 30 , 31 , 32) |
1. Heard Mr. A.J. Saikia, learned counsel for the appellant. Also heard Mr. A.R. Agarwal, learned counsel for the cross - objectors / claimants, as well as Mr. A.M. Khan, learned counsel for the respondent Nos. 5 and 6.
2. This appeal has been preferred by the appellant insurance company under S.173 of Motor Vehicles Act , 1988 against the judgment and order dated 7.3.2017 passed by the learned Member, MACT, Dhubri in MAC Case No. 88/2015.
3. The brief facts of the case are that on 28.1.2015 at about 7.30 a.m., son of the claimants while travelling in a tractor bearing registration No. AS 17 - B 5189 on the way to Bousmari village, due to rash and negligent driving of the vehicle, son of the claimants fell down from the tractor as a result of which the off
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