MINA BORAH Vs. CHITRALEKHA BORA AND ORS

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, the learned counsel for the appellant as well as Mr. S.K. Goswami, the learned counsel appearing for the respondent No. 3. None appears on call for the respondents No. 1 and 2 although notices have been duly served.

(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and order dated 20.06.2007, passed by the learned Member, Motor Accident Claims Tribunal, Sonitpur, Tezpur in MAC Case No. 4/2004, thereby dismissing the claim petition filed by the appellant.

(3.) The case projected in the claim petition was that Shri Putul Borah of village Gosaichuk, under Sootea P.S. was travelling in bus bearing registration No. AS-12-A-5617 from Nagsankar along with other co-passengers for going to Bharali Namghar situated at Hatbor on 01.02001. At about 10.30 AM, the said bus met with an accident hat Supuha Satra and many passengers including Shri Putul Borah had sustained grievous injuries at various parts of the body including his chest. It was alleged that the bus was driven at a high speed and in rash and negligent manner. The said injured had availed treatment from various doctors, but ultimately succumbed to his injuries on 14.06.2002 at his own residence. A sum of Rs.3,00,000/- was claimed as compensation.