JUGA KUMAR BARUAH S/O MIHIR BARUAH Vs. SUMITRA ROY AND 3 ORS W/O LATE PROMOD ROY
HIGH COURT OF GAUHATI
Juga Kumar Baruah S/O Mihir Baruah
Sumitra Roy And 3 Ors W/O Late Promod Roy
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Kalyan Rai Surana, J. -
(1.) Heard Mr. J. Deka learned counsel for the appellant as well as Ms. S. Roy learned counsel for the respondent.
(2.) This appeal under section 173 of the Motor Vehicles Act, is directed against the judgment and order dated 30.05.2011 passed by the learned Member, MACT, Guwahati in MAC Case No.1/2008.
(3.) The appellant is the owner and driver of Maruti Alto vehicle bearing registration No. AS-01/Y-8167. The brief facts of the case are that on 02.09.2007, the offending vehicle was proceeding from Maligaon Chariali towards Gosala. It was alleged that the car being driven in a rash and negligent manner, hit a pedestrian, namely, Late Babul Roy near NF Railway Hospital. The victim suffered grievous injuries and died on 06.09.2007. The respondent No.4 i.e. insurer as well as the appellant, who were arrayed as opposite party Nos. 1 and 2 respectively in the claim petition, contested the claim by filing their written statement.;
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