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2024 Supreme(Online)(Sikk) 105

HIGH COURT OF SIKKIM
MRS. MEENAKSHI MADAN RAI, J
National Insurance Company Limited – Appellant
Versus
Nim Lhamu Sherpa – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sushant Subba, Mr. Madan Kumar Sundas
For the Respondents: Mr. Sudesh Joshi, Ms. Gazala Parvin, Mr. K. B. Chettri

Table of Content
1. facts surrounding the motor accident leading to the claim. (Para 1 , 2)
2. arguments regarding liability and procedural adherence. (Para 3 , 4 , 5)
3. court's observations on appeal grounds and procedural norm. (Para 6 , 7)
4. determination of appeal's validity under mv act. (Para 9)
5. final decision on the appeal and its conclusion. (Para 10 , 11 , 12)

JUDGMENT

Meenakshi Madan Rai, J.

1. The Learned Motor Accidents Claims Tribunal (hereinafter, the “MACT”), Gangtok, Sikkim, vide its impugned Judgment, dated 17-10-2023, in MACT Case No.12 of 2023 (Nim Lhamu Sherpa vs. Passang Lhamu Sherpa and Another), granted the Respondent No.1 compensation of a sum of ₹ 21,56,000/- (Rupees twenty one lakhs and fifty six thousand) only, on account of the death of her husband, in a motor vehicle accident. It was observed inter alia at Paragraph 13 that; in a case of this nature, roving enquiry to prove rashness and negligence on the part of the driver is not required. That, it is unnecessary for the Tribunal to go into the technicalities because strict rules of procedure and evidence are not followed. That, for the purpose of this case, prima facie, there was rash and negligent drivi

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