JUDGMENT/ORDER

Mir Alfaz Ali, J.

1. This statutory appeal under Section 173 of the Motor Vehicle Act is filed by the claimant against the judgment and award dated 11.05.2012 passed by the MACT, Jorhat in MAC Case No. 51/2009.

2. The brief fact of the case was that on 17.03.2009 at about 9 PM, when the claimant was travelling by riding his motorcycle bearing registration No. NL-02-E-2432, suddenly a cow appeared before the motorcycle and when he applied break, the motorcycle collided with another vehicle bearing registration No. AS-03-D/4570, because of rash & negligent driving of the vehicle No. AS-03-D-4570. Learned Tribunal after having conducted an enquiry and having heard the parties dismissed the claim petition by the impugned order.

3. Aggrieved by the said order, the claimant preferred the instant appeal.

4. Learned counsel Mr. C.M. Mahanta for the appellant and Mr. R. Goswami, for the respondent were heard.

5. The claimant in order to establish the claim examined himself and another witness, projecting him to be an eye witness and also proved documents being Ext.3, a police report, Ext.4 & 5, two relevant GD entries pertaining to the accident in question and accident information