MUSLIMA KHATUN D/O MD MOJID ALI Vs. ORIENTAL INSURANCE COMPANY LTD
HIGH COURT OF GAUHATI
Muslima Khatun D/O Md Mojid Ali
ORIENTAL INSURANCE COMPANY LTD
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Rumi Kumari Phukan, J. -
(1.) Both the appeals are arisen out of award passed by the Motor Accident Claims Tribunal, Bongaigaon in MAC Case No 25/2011 and hence both the appeals are taken together and being disposed of by this common order.
(2.) Heard the Ld. counsel Mr. S. Dutta for the appellant and in MAC No. 261/2013 and Mr. S. C. Biswas on behalf of the appellant in MAC No. 117/2017 and they are also respective respondents in the aforesaid cases.
(3.) Briefly stated the case of the claimant is that on 5.5.2010 at 7 p.m while the claimant Muslima Khatun along with mother waiting for bus at Rakhadubi under Bongaigaon Police Station, she was knocked down by a motor bike bearing Registration No. As-19/D-3225 by driving the same in rash and negligence manner, resulting serious injury on her person. She sustained head injury with depressed fracture of skull and immediately she admitted at the Lower Assam Hospital & Research Centre, Bongaigaon where she was treated from 05.05.2010 to 10.9.2010 and she was incurred large amount of expenses while carrying such treatment and she is stated to be same 50% disability for the injury she sustained. After recovery, she claimed for compensation u/s 166 Motor Vehicle Act of Rs. 18, 25,176/-, and preferred the claim petition before the Tribunal and thereafter notice was issued to the respective driver, owner and insurer of the offending vehicle.;
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