JOGEN TALUKDAR Vs. BINOD KUMAR DEKA

JUDGEMENT

(1.) Heard Mr. B.K. Jain, the learned appearing for the appellant. Ms. M. Choudhury, the learned counsel is appearing for the New India Assurance Co. Ltd. (hereinafter referred as 'the Insurance Company'). None is present to represent the respondent No.1.

(2.) This is an appeal under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 21.05.2012, passed by the Member, Motor Accident Claims Tribunal No.2, Kamrup at Guwahati, in M.A.C. Case No.2737/2008.

(3.) The brief fact of the case is that on 10.11.2007, at about 8:40 A.M., while the claimant (appellant herein) along with one Nava Nath, was going to Puthimari from Barpalaha and after arriving at Puthimari Chowk, they were getting down from the Bus and tried to cross the road, the offending vehicle (Motorcycle), bearing Regn. No.AS-13-A-6262 knocked him down. As a result, the claimant sustained injuries and undergone treatment in different Hospitals, as outdoor patient. It is alleged that the accident occurred due to rush and negligent driving of the aforesaid vehicle.