RABIN TALUKDAR Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Heard Mr. K. Kalita, learned counsel for the appellant. Also heard Ms. S. Roy, learned counsel for the respondent No.1.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, has been filed by the appellant challenging the judgment and award dtd. 20/5/2016, passed by the learned Member, Motor Accidents Claims Tribunal No. 2, Kamrup (M), Guwahati, in MAC Case No. 293/2014, whereby the learned Tribunal, while holding that the accident occurred due to the rash and negligent driving of the motorcycle bearing registration No. AS-14D-3229 by respondent No. 2, awarded only a lump-sum compensation of Rs.20,000.00 (Rupees twenty thousand only) to the present appellant/claimant.

(3.) The brief facts of the case leading to the filing of this appeal is that the appellant/claimant was a pillion rider of the said motorcycle at the time of the accident, and respondent No. 2/opposite party No. 2 was the owner-cum-driver of the offending vehicle, motor cycle bearing registration No. AS-14D-3229. The accident occurred due to the alleged rash and negligent driving of respondent No. 2/opposite party No. 2. Immediately after the accident, an FIR was lodged, and the matter was investigated and filed a charge sheet against the driver of the motor cycle and indicating the involvement of the said motorcycle.