GANESH DASS Vs. MD MRIDUL ALI

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 30-10-2014 passed by the learned Member, MACT, Morigaon in MAC Case No. 39 of 2011, dismissing the petition of the claimant for failing to substantially prove the claim petition.

(2.) The facts of the matter is that on 13-12-2020 while Shri Ganesh Das was going towards his residence at Pachatia Gita riding his bicycle, the offending vehicle bearing registration No. AS-21-A2662 coming from the opposite direction knocked him from the front side and as a result, the claimant sustained multiple injuries on his person. He was admitted to Morigaon Civil Hospital, where he took treatment from 13-12-2010 to 07-01-2011. He was supposed to be earning Rs. 6,000/- p.m and his age was shown as 36 years.

(3.) To substantiate his claim, the claimant exhibited Morigaon G.D. Entry No. 546 dated 19-02-2011. The vehicle was insured with the New India Assurance Company Limited, Nagaon Branch, Nagaon under Policy No. 53070131090100202197 which was valid up to 18-02-2011. He examined two witnesses to support his claim, the claimant himself being PW-1 and PW-2 Sri Sibu Ray. Exhibit-1 is the Accident Information Report of Morigaon Police Station.