ABDUL HOQUE Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Heard Mr. S. Rahman, learned counsel for the appellant as well as Ms. M. Choudhury, learned counsel appearing for respondent No. 1. Also heard Mr. A. Shakil, learned counsel for respondent Nos. 2 and 3.

(2.) This appeal is filed by the claimant on being dissatisfied with the award given to him by the Motor Accident Claims Tribunal, Dubhri in MAC Case No. 298/2015 awarding him a total amount of Rs. 35,000/- as compensation along with interest @ 9% per annum from the date of filing the claim application i.e., 17.10.2015 and therefore, the appellant seeks enhancement of the award.

(3.) Brief facts of the case is that on 14.04.2015 at about 1:30 PM, the appellant was travelling as a passenger in a vehicle bearing registration No. AS- 17/7874 and was on his way from Agomani Bazar to Belguri. On arriving at Belguri Part-I on National Highway-31, the driver of the vehicle by applying brake stopped the vehicle suddenly. The appellant who was sitting by the side of the door fell down from the vehicle and sustained injuries. He was immediately taken to Dhubri Civil Hospital and admitted as an indoor patient for 9 (nine) days. As a result of the accident, the appellant lost 8 teeth and as such he filed a claim application before the Motor Accident Claims Tribunal, Dhubri under Section 166 of the Motor Vehicles Act, 1988 claiming compensation from the opposite party i.e., the Oriental Insurance Company who are arrayed as respondent No. 1 in the present appeal.