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2018 Supreme(Gau) 413

KALYAN RAI SURANA
GIRIRAJ KAKARANIA – Appellant
Versus
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. R.K. Agarwala, Mr. M. Talukdar, Ms. T. Mandal.
For the Respondent: Mr. B. Talukdar, Mr. R. Goswami, Ms. M. Saikia, Ms. P. Borthakur.

JUDGMENT & ORDER :

1. Heard Mr. R.K. Agarwala, the learned counsel for the appellant as well as Mr. R. Goswami, the learned Counsel appearing for the respondent No.1.

2. None appears on call for the respondent No.2, i.e. the owner of the vehicle involved in the accident, as such, the appeal has been heard ex parte against the said respondent. The name of respondent No.3, i.e. the driver has been struck off by order dated 28.02.2014, at the risk of the appellant.

3. This appeal under Section 173 of the Motor Vehicles Act, 1988 is for claiming enhancement of compensation passed vide judgment and award dated 02.04.2013, passed by the learned Member, Motor Accident Claims Tribunal, Guwahati in MAC Case No. 1918/2007.

4. The case in brief is that on 19.11.2004, at about 10.30 pm., while appellant was riding in the Maruti Wagon-R bearing registration No. AS-01-R-3175, the driver lost control of the vehicle at GS Road and hit a roadside wall, as a result of which the appellant had sustained grievous injuries on various parts of the body including back-bone, legs and hand. The age of the appellant was 29 years at the time of the accident and the percentage of his disability was assessed at 45%




























































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