NEW INDIA ASSURANCE CO. LTD. Vs. MD. JOYNAL UDDIN @ JAINUL UDDIN BORBHUIYA AND 2 ORS
HIGH COURT OF GAUHATI
NEW INDIA ASSURANCE CO. LTD.
Md. Joynal Uddin @ Jainul Uddin Borbhuiya And 2 Ors
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KALYAN RAI SURANA,J. -
(1.) Heard Ms. M. Choudhury, learned Counsel appearing for the appellant. None appears on call for the Respondent No. 1 (i.e. claimant) and Respondent No. 2 (owner of the offending vehicle).
(2.) By this appeal under section 173 of the Motor Vehicles Act, 1988 the appellant has challenged the judgment and award dated 10.08.2009, passed by the learned Additional District Judge (FTC), Cachar, Silchar in MAC Case No. 476 of 2005.
(3.) In the claim petition, the case of the Respondent No. 1 in brief is that on 29.03.2015, he had boarded a Mahindra vehicle bearing registration No. MZ-01-A-5368 at Saiphai for going to Bhaga Bazar. At about 3.00 P.M., at a place about 1 (one) KM. from Saiphai, the said offending vehicle had met with an accident due to rash and negligent driving by its driver. It was claimed that the Respondent No. 1 had sustained grievous and serious injuries and he was immediately taken to hospital for treatment. It was stated that he had not recovered fully, and that he was also treated by a village quack, further claiming that his treatment was still continuing. By filing the claim petition, the respondent No. 1 had prayed for a compensation of Rs. 4,45,000/- (Rupees Four lakh forty five thousand only).;
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