AGUNA BISWAS Vs. BIPUL BORO AND ORS.

JUDGEMENT

(1.) Heard Mr. S. K. Goswami, learned counsel for the appellant. Also heard Mr. S. S. Sharma, learned senior counsel for the respondent No. 3 and Mr. P. Sundi, learned counsel for the respondent No. 1.

(2.) This appeal under Sec. 173 of the M.V. Act, 1988 is directed against the judgment and order dtd. 23/6/2015 passed by the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup, in MACT Case No. 260/2014 whereby the claim of the appellant has been dismissed.

(3.) The short point urged by the learned counsel for the appellant is that the appellant/claimant had filed the claim petition under Sec. 163(A) of the M.V. Act, 1988, but the learned Tribunal instead of adjudicating the claim under Sec. 163(A) of the M.V. Act had proceeded to adjudicate the claim petition under Sec. 166 of the M.V. Act.