NUR ZAMAL SK Vs. ABDUL GOFFAR AND ANR
HIGH COURT OF GAUHATI
Nur Zamal Sk
Abdul Goffar And Anr
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Rumi Kumari Phukan, J. -
(1.) Heard Mr. A.R. Agarwala, learned counsel appearing for the appellant. Also heard Mr. M. Hussain, learned counsel appearing for the respondent No.1 (owner) and Mr. B.J. Mukherjee, learned counsel for the respondent No.2 (insurer).
(2.) The present appeal has been directed against the judgment and order dated 16.12.2014, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, in the MAC Case No.255/2010.
(3.) Briefly stated, the case of the claimant is that on 12.03.2010, at about 1:00 P.M., while the claimant was proceeding towards his home at Baruabhita from Kalahat Dharmasala by the vehicle No.AS-17-B/0715 (Auto Rickswa), on the way when the vehicle reached near Baruabhita L.P. school, the driver of the vehicle suddenly turned and applied brake and as a result, the claimant fell down from the auto rickswa on the PWD road and sustained multiple injuries on his person. According to the claimant, the accident occurred due to the rush and negligent driving of the vehicle. Soon after the accident, the local brought him to Dhubri Civil Hospital and treated there as an indoor patient till 16.3.2010, wherefrom he was referred to the GMCH, where he was admitted on 17.3.2010 and subtrochan right fumer K-nail fixation was done and discharged on 28.3.2010. Thereafter the claimant was under treatment in the Dhubri Civil Hospital as an indoor patient till 11.4.2010. The Medical Board, Dhubri certified him as 50% disablement as a result of the accident. The claimant claimed Rs.5 lacs as compensation, for the injuries sustained by him, as a result of the accident.;
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