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2022 Supreme(Gau) 781

Pradeep Das S/o. Late Ningna Ram Das – Appellant
Versus
ICICI Lombard General Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. U. Das.
For the Respondent: Mr.K. Borahr-1.

JUDGMENT :

1. Heard Mr. B. Chakraborty, learned counsel for the appellant. Also heard Mr. A.J. Saikia, learned counsel for the respondent No. 1.

2. This is an appeal under Section 173 of the Motor Vehicle Act, read with Article 227 of the Constitution of India against the judgment and order, dated 07.03.2015, passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup, in MAC Case No. 2149/2007 (1283/2007).

3. It is to be mentioned here that the appellant, as claimant, filed a claim petition under Section 166 of the Motor Vehicle Act, 1988 before the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup at Guwahati, which was accordingly registered as MAC Case No. 2149/2007 (1283/2007), seeking compensation to the tune of Rs. 2,70,000 (Rupees two lakhs seventy thousand only) for sustaining injury in an accident which took place near Kalipur Branch of State Bank of India, at about 9:00 am, on 12.04.2007.

4. The brief facts, leading to filing of the present appeal, is that on 12.04.2007, at about 9:00 a.m., the claimant/appellant was travelling by the offending vehicle, bearing Registration No. As-01/AA-3187 (Auto-van), and when the vehicle reached near Kalipur Bra

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