KISHORE TALUKDAR Vs. BIKRAM SING PHANGCHO

JUDGEMENT

(1.) Heard Mr. N.C. Das, learned counsel appearing for the appellant and Mr. A.I. Kathar, learned counsel appearing for the respondent no. 1. Also heard Mr. H. Buragohain, learned counsel appearing for the respondent no. 2.

(2.) The claimant as appellant has filed the instant appeal challenging the order of dismissal passed by the member, MACT, Shankardevnagar, Hojai, dtd. 17/05/2014 in MAC case no 468(N) 2012.

(3.) The brief facts of the case is that on 12/01/2012 at about 4 PM while the claimant was proceeding towards Tarabasa under Howraghat police station from Loringthepi by riding his motorcycle bearing no AS09/7725 through National Highway, at that time one vehicle (Scorpio Hawk) bearing no AS09B/1079 coming in a rash and negligent manner knocked down the claimant from his behind as a result he fell from the motorcycle and sustained grievous injuries on his person. Due to the alleged accident, his right leg had been fractured. Immediately after the accident he was shifted to B.P. Civil Hospital, Nagaon and then he was referred to GNRC, Guwahati. He was admitted to GNRC, Guwahati on the date of incident wherein he was treated as an indoor patient. Subsequently, the claimant also had undergone treatment at Guwahati Medical College and Hospital and medical centre at Patna. As per the claim petition the claimant had incurred expenditure of Rs.10, 000, 00.00(Rs. Ten Lakhs) for his treatment. At the relevant time of accident, the alleged offending vehicle was duly insured with Bajaj Allianz General Insurance Company.