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2026 Supreme(Online)(Gau) 12613

GAUHATI HIGH COURT
ORIENTAL INSURANCE CO. LTD. – Appellant
Versus
SMT SARASWATI HALOI AND 3 ORS – Respondent


JUDGMENT AND ORDER

[1] Heard Ms. R. D. Mozumdar, the learned counsel for the appellant insurance company. Also heard Mr. K. K. Dey, the learned counsel for the respondent Nos. 1 and 2/ claimants.

[2] This appeal under Section 173 of the Motor Vehicles Act, 1988, has been filed by the Oriental Insurance Company Limited impugning the judgment and award dated 17.01.2025, passed by the Motor Accident Claims Tribunal No. 1, Kamrup (M), Guwahati in MAC Case No. 2640/2019, whereby the Motor Accident Claims Tribunal had directed the present appellant to pay the compensation amount of Rs. 14,65,984/- along with interest at the rate of 9% per annum on the awarded amount. It was further observed in Paragraph No. 53 of the impugned judgment that the insurance company is at liberty to recover the awarded amount from the owner of the offending vehicle as per law.

[3] The facts relevant for consideration of the instant appeal, in brief, are that on 10.08.2019, when the claimant No. 1, namely, Late Gokul Haloi, was walking by the left side of the road near his house at Chanda, a traveler vehicle bearing Registration No. AS-25-AC-0672, coming at a high speed, knocked him down. As a resul

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