Hritokesh Patgiri – Appellant
Versus
Navin Hirania – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
1. Heard Mr. A. Achariya, learned counsel appearing for the appellant as well as Mr. R.C. Paul, learned counsel representing the respondents.
2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended) against the Judgment and Award dated 09.03.2015 passed by the MACT No. 2, Kamrup (M), Guwahati in MAC Case No. 1504/2009.
3. On 08.05.2009, the claimant was travelling in a motor cycle bearing Regd. AS-01-AE-3101 as pillion rider. A Santro car bearing Regd. No. AS-01-S-6460 knock the motor cycle from behind. The claimant sustained injuries. Therefore, he filed a claim petition seeking compensation of Rs. 12,00,000/-.
4. The insurance company contested the claim case by filing a written statement. The insurance company denied the involvement of the car bearing Regd. No. AS-01-S-6460 in the accident. However, it was admitted that the insurance policy of the Santro car was valid on the date of the accident.
5. On the basis of the pleadings, the tribunal framed the following issues-
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