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2026 Supreme(Online)(Gau) 17874



JUDGMENT AND ORDER

[1] Heard Mr. A.J. Saikia, the learned counsel for the appellant. Also heard Mr. S. Deka, the learned counsel for the respondent No. 1/claimant as well as Mr. K.K. Bhatta, the learned counsel for the respondent No. 3/New India Assurance Company Limited.

[2] This appeal under Section 173 of Motor Vehicles Act, 1988 has been filed by the National Insurance Co. Ltd. impugning the judgment and award dated 29.05.2018, passed by the Motor Accident Claims Tribunal No. 2, Kamrup(Metro), Guwahati, in MAC Case No. 306/2012, whereby the respondent No.1/claimant was awarded a compensation amount of Rs. 29,82,959/-.

[3] The Motor Accident Claims Tribunal, by the impugned judgment directed the respondent No. 3 as well as the present appellant to share the liability of paying compensation to the extent of 50% each.

[4] The facts relevant for consideration of the instant appeal, in brief, are that on 01.02.2012, at about 11.15 P.M., the husband of the respondent No. 1, namely, Jayanta Roy Kar was travelling by Hyundai i-10 Car, bearing Registration No. AS-23-G-0600 from Ledu Sahitya Sabha towards his residence, situated at Tinsukia. On his way, when he reached Kha

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