PADMA KHAKLARI Vs. SUJIT KUMAR ROY

JUDGEMENT

(1.) This appeal under section 173 (1) of Motor Vehicles Act, 1988 (for short 'the Act'), is directed against the judgment and order dated 30.8.2001 passed by learned Member, Motor Accidents Claims Tribunal, Dibrugarh, in M.A.C. Case No. 26 of 1996 dismissing the claim petition filed by the appellant.

(2.) The appellant had filed an application under section 166 of the Act before the Motor Accidents Claims Tribunal, Dibrugarh, stating, inter alia, that on 27.10.1995 while he was standing by the side of the road, the driver of the offending vehicle bearing registration No. NL-04 0099 suddenly drove the vehicle without giving any signal or blowing horn the rear wheels of which ran over his feet causing grievous injuries to him as a result of which he has suffered permanent disability and his earning capacity has been reduced. He arrayed United India Insurance Co. Ltd. with which the offending vehicle was insured besides the owner as party.

(3.) The insurer filed a written statement, whereas the owner of the vehicle did not contest the proceeding.