Back
GAUHATI HIGH COURT
Yarenjungla Longkumer, J
Cholamandalam MS General Insurance Company Limited – Appellant
Versus
Rupjyoti Lekharu – Respondent
| Table of Content |
|---|
| 1. overview of claim, accident facts, and the tribunal's award against the insurer. (Para 1 , 2) |
| 2. parties' contentions regarding maintainability of appeal and evidence of negligence. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. interpretation of section 170 and 149(2) regarding the insurer's right to appeal. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final order upholding the tribunal's decision and disposing of the appeal. (Para 16 , 17 , 18) |
JUDGEMENT AND ORDER (CAV)
The instant Appeal under Section 173 of the Motor Vehicle Act, 1988 has been filed against the judgment and award dated 24.01.2023 passed by the learned Motor Accident Claims Tribunal, Tuensang, Nagaland, in MAC Case No. 03/2021 by which the appellant was directed to pay an amount of Rs.59,07,081/- along with interest at 7.5% per annum from the date of filing the claim petition. The appellant herein is the Cholamandalam MS General Insurance Company Limited.
2. Before going into the merit of the case, the facts leading to the claim of the respondents/claimant is set out in brief. On 10.01.2020 while the deceased was waiting on the road side of NH 15 near Sonapur High School, the offending vehicle bearing registration
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
