MD JASIMUDDIN SARKAR Vs. BERGO BASUMATARY

JUDGEMENT

(1.) Heard learned counsel for the appellant A D Choudhury. Also heard Mr. A Dutta, learned counsel for the respondent No. 4 as well as Miss. S Roy, learned counsel for the respondent Nos. 5 & 6,

(2.) The appeal has been preferred against the judgment and award dated 04.01.2011 passed by learned Member, Motor Accident Claims Tribunal, Kokrajhar in MAC Case No. 90/2006. The claimant Bergo Basumatary preferred the claim petition before the learned Tribunal praying for compensation for the injury he sustained in a vehicular accident.

(3.) Brief fact of this case is that on 15/03/2006 one Bergo Basumatary while he along with other labourers was returning on a tractor bearing Reg. No. AS-16/8713 after delivery of betel-nut, he met with an accident and as the vehicle turned over on the road at Guabari P.W.D Road at about 4-00 PM. According to him the accident took place due to rash and negligent driving of the vehicle that was driven by the driver of the tractor. As a result of the accident, he sustained injury on his leg and arm and after recovery from his injury, he preferred the claim petition. Regarding this accident, a police case was also registered against the driver of the said tractor.