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2018 Supreme(Gau) 1096

RUMI KUMARI PHUKAN
Janti Das – Appellant
Versus
New India Assurance Co Ltd – Respondent


Advocates Appeared:
C. Baruah, Adv., D. Baruah, Adv., B. Baruah, Adv., D.R. Dutta, Adv., S. Dutta, Adv., N. Modi, Adv., R. Goswami, Adv.

JUDGMENT :

Rumi Kumari Phukan, J.

Heard Mr. B. Baruah, learned counsel for the appellant. Also heard Mr. S. Dutta, learned counsel appearing for the respondent No.1 (the New India Assurance Co. Ltd.) and Mr. R. Goswami, learned counsel for the respondent No.2 (the ICICI Lombard General Insurance Co. Ltd.)

2. The present appellant preferred a claim petition before the learned Member, MACT, Lakhimpur, under Section 166 of the Motor Vehicle Act, 1988, praying for compensation for the injuries sustained in a road traffic accident.

3. Briefly stated, the case of the appellant/claimant is that on 31.12.2010, while he was travelling from Kaziranga by a Tata Winger vehicle bearing Regn. No.AS-07 C/0266 towards Laluk and the vehicle reached at Dholpur, the vehicle met with an accident, as the said vehicle dashed against one truck bearing Regn. No.AS-01 C/9215, which was stationing on the middle of the road. The claimant sustained severe injuries on his person and he was immediately treated at GMCH and after some recovery from the injuries, he preferred the aforesaid claim petition claiming



























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