SAMSUL HOQUE Vs. MD ABDUL HASIM AND ANR
HIGH COURT OF GAUHATI
Md Abdul Hasim And Anr
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Mir Alfaz Ali, J. -
(1.) Heard Mr. M. Talukdar, learned counsel for the appellant and Mr. R. Goswami, learned counsel for the Respondent/Insurance Company.
(2.) This appeal is directed against the judgment and award dated 30.03.2013 passed by the MACT, Morigaon in MAC case No. 121/2008, by which, the learned Tribunal dismissed the claim petition filed by the claimant.
(3.) The claimant, Samsul Hoque sustained injury in a motor vehicle accident on 18.06.2008 involving vehicle bearing registration No. AS-01-TC-728, owned by the respondent No. 1 and insured with the respondent No. 2. The claimant filed an application seeking compensation and also adduced evidence on oath in support of the claim. It was stated in the claim petition and also during evidence on oath, that while he was traveling by the offending vehicle as pillion rider, the accident occurred due to rash & negligent driving of the rider of the motorcycle. The owner/driver did not contest the case, inspite of service of notice. The respondent/Insurance Company though filed written statement did not cross examine the claimant and as such the pleadings and evidence of the claimant remained unimpeached and uncontroverted.;
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