NATIONAL INSURANCE CO. LTD. Vs. MAIJUDDINAHMED AND ORS.
HIGH COURT OF GAUHATI
NATIONAL INSURANCE CO. LTD.
Maijuddinahmed And Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Ms. S. Roy, learned counsel appearing for the appellant as well as Mr. A.R. Shome, learned counsel appearing for the respondent Nos. 1 and 3. None appears on call for respondent Nos. 2 and 4.
(2.) This appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 19.03.2007 passed by the learned Motor Accident Claims Tribunal Darrang, Mangaldai in MAC case No. 184/2005.
(3.) In the claim petition, the case of the respondent No. 1, in brief is that he was working as the driver of a mini truck bearing registration No. AS-13-B/3622. While driving the said vehicle on NH-37, a ten-wheeler truck bearing registration No. HR-38- J/6911 dashed against his vehicle on 25.05.2005 at about 8.25 pm at Borogaon under Fatashil Ambari P.S., Guwahati. As a result of the accident, the respondent No. 1 had sustained grievance injury. The respondent No. 2 did not contest the proceeding. However, the appellant, respondent No. 3 as well as the respondent No. 4 had contested the claim proceedings by filing their respective written statements. The appellant had taken all the usual pleas, and had put the respondent No. 1 to strict proof of his claim.;
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