PADMA NATH TALUKDAR Vs. M/S JUMA HARDWARE AND ORS
HIGH COURT OF GAUHATI
Padma Nath Talukdar
M/S Juma Hardware And Ors
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Rumi Kumari Phukan, J. -
(1.) Heard Mr. B.N. Sarma, the learned counsel appearing for the appellant/claimant. Also heard Mr. A. Acharya, learned counsel appearing for the respondent No.2. None is present to represent the respondent No.1.
(2.) This Appeal is preferred against the judgment and award dated 14.6.2011, passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati, in the MAC Case No.188/2004.
(3.) The claim petition was preferred by one Padma Nath Talukdar, under Section 166 of the Motor Vehicle Act, 1988 (hereinafter referred to as 'the M.V. Act'), praying compensation for the injuries he sustained in a motor accident on 22.5.2003, involving the vehicle No.AS-25/A-2771, which was insured with the New India Assurance Co. Ltd. According to the claimant, while he was proceeding by the side of the road, the said vehicle hit him from the backside, as a result of which he sustained injuries on his hip joint and had to undergo medical treatment. On the basis of the said petition, the notice was issued to the respective parties i.e. the driver, the owner and the insurer of the vehicle. The driver and the owner of the vehicle did not contest the claim and the matter proceeded exparte against them. The Insurance Company contested the case by filing written statement with contention that there is no negligence on the part of the driver of the vehicle and the incident occurred due to negligence of the claimant himself and his claim is excessive and inflated.;
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