PRABHAT CHOUDHURY Vs. GAURI SANKAR DUTTA AND ORS.

JUDGEMENT

(1.) Heard Mr. S.C. Biswas, the learned counsel appearing for the appellant. Also heard Mr. K.K. Bhatta, learned counsel appearing for and on behalf of the New India Assurance Co. Ltd. (respondent No.3).

(2.) The present appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988, challenging the order dated 29.3.2012, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur, in the MAC Case No.186/2006.

(3.) The appellant, as a claimant preferred a claim petition before the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur, on the facts that on 4.3.2004, while he was travelling in a bus bearing Regn. No.AMZ/7975 from Borgaon Bazar towards Dhekiajuli, the vehicle met with an accident near Thelamara Police Station on NH-52 and knocked the motorcycle bearing Regn. No.AS- 12C/4498. The accident occurred due to rush and negligent driving of the bus he travelled. As a result of the accident, claimant sustained certain injuries on his person along with fracture in hands and he was also admitted in the Skylark Hospital and Research Centre, Tezpur. In that respect, the Thelamara P.S. Case No.20/2005, under Section 279/337/338/427/304-A of the IPC, was also registered. Praying for compensation for the injuries he sustained in the said accident, he preferred the aforesaid claim petition.