DIPIKA KALITA AND ANR. Vs. THE BRANCH MANAGER AND 4 ORS, RELIANCE GENERAL INSURANCE CO. LTD.
HIGH COURT OF GAUHATI
Dipika Kalita And Anr.
The Branch Manager And 4 Ors, Reliance General Insurance Co. Ltd.
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KALYAN RAI SURANA,J. -
(1.) Heard Ms. P. Bhattacharjee, learned counsel for the appellants as well as Mr. R. Goswami, learned counsel for the respondent No.1. None appears on call for respondent No.2 although notice has been duly served. The name of respondents No. 3, 4 and 5 had been struck off by order dated 21.07.2015.
(2.) In this appeal under section 173 of the Motor Vehicles Act, 1988 the appellant has assailed the judgment and award dated 27.06.2013 passed by the learned MACT, Kamrup, Guwahati in MAC Case No.872/09 and 873/09.
(3.) MAC Appeal No.872/09 was preferred by Smt. Dipika Kalita, appellant No.1 herein for injuries received in a head-on-collusion/accident she had suffered on 05.01.2008 between the Tempo bearing registration No.AS-14-C-0578 with a Tata Sumo bearing registration No.AS-01/AE-4645. The appellant No.2 is the husband of the appellant No.1, agitating as the claimant on behalf of his minor son, namely, Jeet Kalita. The appellant No.2, namely, Kanak Kalita had filed MAC Case. No.873/09 for injuries suffered by the minor child in the same accident. Both the vehicles were insured with the respondent No.1. In MAC Case No.872/09, the appellant No.1 had claimed a compensation of Rs. 15,00,000/- and the appellant No.2 in MAC Case. No.873/09, claimed compensation of Rs. 1,00,000/-. It was pleaded in the claim petition that while the appellant No.1 along with her minor son was coming from Samata side towards Nalbari in the Tempo vehicle at a place called Joymangla, the accident had taken place at about 4:45 p.m. The appellant No.1 claimed that her left hand was completely damaged and had regained her senses at GMCH after 8 days, the appellant No.2 had stated that his minor son had fallen down from the Tempo on the road where the accident took place and after giving first aid at Nalbari he was shifted to GMCH. The said accident was recorded under Nalbari P.S. GD Entry No.223 dated 05.01.2008.;
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