GUWAHATI, India, March 24 -- Gauhati High Court issued the following order on Feb. 20:

1. Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. D. Kalita, learned counsel for the respondents No. 1 to 4 and Mr. U.C. Rabha, learned counsel for the respondents No. 5 and 6.

2. This appeal under Section 173 of the Motor Vehicle Act, 1988, has been preferred by the Reliance General Insurance Company Limited, impugning the judgment and award dated 05.10.2015, passed by the MACT, Dhubri, in MAC Case No.297/2008, whereby, the appellant was directed to pay compensation amount of Rs.4,56,800/- (Rupees four lakh fifty six thousand eight hundred only) to the claimant along with interest @ 6% per-annum from the date of filing of the claim petition till realization.

3. The relevant facts for consideration of the instant appeal, in brief, are that on 26.11.2007, at about 5:15 pm, when the husband of the claimant No.1 and father of rest of the claimants respectively namely Lakhikant Roy @ Laxmi Kanta Roy was coming to his house from Ratiadaha Bazar by his by-cycle, a super bus bearing registration No. WB-63/3017, which was going towards Gauripur from Boxirhat knocked him on National Highway No.31 from back side. As a result of the aforesaid accident, Lakhikant Roy @ Laxmi Kanta Roy sustained grievous injuries. He was immediately taken to Dhubri Civil Hospital. However, on the same day, he succumbed to the injuries sustained by him in the accident.

4. The present respondent No.1 to 4 preferred an application under Section 166 of the M.V. Act, 1988, before the Motor Accident Claims Tribunal, Dhubri, claiming compensation for death of Lakhi Kanta Roy @ Laxmi Kanta Roy in the aforementioned vehicular accident.

5. The appellant being the opposite party No.3 in the aforesaid claim case, contested the claim by filing written statement therein. During the enquiry, two witnesses were examined on behalf of the claimants' side, whereas, the present appellant adduced evidence of one Bitupon Gogoi. However, by the impugned judgment and award, the claim was allowed and the compensation was awarded to the claimants in the manner as already described in the foregoing paragraphs.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=7yg5D%2FmJmLJFbv9l4Wl3vYaXsXFMAhqvPVKn6gLVsZ4Lyy7qAuVn00Nod1b3lhEs&caseno=MACApp./338/2018&cCode=1&cino=GAHC010005022016&state_code=6&appFlag=)

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