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2010 Supreme(Gau) 929

C.R.SARMA
Mafisuddin Khadim – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Somik Deb, Adv.
For Respondents/Defendant: P. Datta, Adv.

JUDGMENT

C.R. Sarma, J.

1. This is an appeal against the judgment and order, dated 16.5.2000, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala in TS (MAC) No. 387 of 1997. By the impugned judgment and order aforesaid, the learned Member, Motor Accident Claims Tribunal dismissed the said claim case, filed by the Appellant. Being aggrieved by the said order of dismissal, the Appellant has come up with this appeal challenging the correctness of the impugned judgment and order aforesaid.

2. I have heard Mr. Somik Deb, learned Counsel for the Petitioner. Also heard Mr. P. Datta, learned Counsel appearing for the Respondents.

3. The Appellant's case, as may be necessary for disposal of this appeal, in brief, is stated below:

4. On 26.4.97, the Appellant, along with other passengers, was proceeding to 'Killa' from 'Udaipur' in his own vehicle, bearing registration No. TRT-1103 (g) which was driven by him. When the said vehicle reached a place called 'Raiyabari' bazar, suddenly a big tree had fallen on the said vehicle causing injury to the Appellant. According to the Appellant, he sustained injuries on his right ear, forehead and other parts of his body. The

















































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