ABDUL JIAT Vs. NATIONAL INSURANCE COMPANY LTD
LAWS(GAU)-2018-11-131
HIGH COURT OF GAUHATI
Decided on November 09,2018

Abdul Jiat Appellant
VERSUS
NATIONAL INSURANCE COMPANY LTD Respondents

JUDGEMENT

Ajit Borthakur, J. - (1.) Heard Mr. A. R. Agarwala, learned counsel appearing for the claimant/appellant and Ms. R.D. Mazumdar, learned counsel for the respondent No. 1/the National Insurance Company Ltd.
(2.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (For short 'M.V. Act'), directed against the judgment and award, dated 13.11.2015, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup (M), Guwahati, whereby the claimant/appellant's petition under Section 166 along with an application under Section 140 of the M.V. Act stood dismissed.
(3.) The appellant's case as stated in the claim petition is that on 31.01.2010 at about 02.10 p.m., near India Club, Panbazar, on the GNB Road, while he was trying to board the city bus bearing registration No. AS-01R-5740, his leg slipped and he fell down, as a result of which, he sustained grievous injuries on various parts on his body. Immediately, he was taken to the Guwahati Medical College and Hospital (GMCH) for better treatment. The accident occurred due to the rash and negligent driving of the city bus No. AS-01R-5740 on the part of its driver and for the same, a case was registered against the driver of the offending city bus, vide Panbazar P.S. GDE No. 723 dated 31.01.2010. Therefore, the claimant had filed the petition praying for granting him compensation of Rs. 8, 00,000/- (Rupees eight lakh) only.;


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