LAWS(GAU)-2002-12-24

KAILASH PATHAK Vs. ORIENTAL INSURANCE COMPANY LTD

Decided On December 18, 2002
KAILASH PATHAK Appellant
V/S
ORIENTAL INSURANCE COMPANY LTD. Respondents

JUDGEMENT

(1.) When the matter was called for hearing none has appeared for the appellant and the respondents. We have perused the records.

(2.) This appeal is directed against the judgment and order dated 7.6.2001 passed by the Motor Accident Claims Tribunal, Nalbari in MAC Case No. 5/2000. The facts, in brief, are that the appellant claimant filed a claim u/s 166 of the MV Act stating inter alia that on 17.5.97 while he was travelling in a bus bearing Registration No. AS-15-0797, the bus fell down by the side of the road due to negligent driving and the claimant sustained injuries. He was treated initially in the Guwahati Medical College Hospital (GMCH) at Guwahati and thereafter at Rangiya. According to the claimant he sustained grievous injuries and for his pecuniary loss he claimed compensation to the tune of Rs.2,00,000/-

(3.) The claim was contested by the respondents owner and the insurer of the vehicle and by the impugned order the tribunal dismissed the claim petition without awarding any compensation. Hence the present appeal.