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2022 Supreme(Gau) 898

ARUN DEV CHOUDHURY
Satish Nath, S/O Late Ajit Ch. Nath – Appellant
Versus
struck off x – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.P Deka, Mr. K. R. Bora, Advocate
For the Respondent:Ms.F Khan, Mr. H. Buragohain, Advocate

JUDGMENT :

Heard Mr. K. R. Bora, learned counsel for the appellant. Also heard Mr. H. Buragohan, learned counsel for the Insurance Company i.e. respondent No. 3.

2. The present appeal is preferred against the Judgment and Award dated 31.12.2010, passed in MAC Case No. 646/2008 by the learned Additional District & Sessions Judge (FTC No. 2) cum Member of MACT, Kamrup, Guwahati.

3. The background facts of the case is that the present appellant preferred a claim petition being MAC Case No. 648/2008 claiming compensation on account of injuries sustained by him in a motor vehicle accident.

4. It is the case of the claimant that on 12.12.2007, while claimant was returning from his office ie. Airport Authority India by driving his Maruti Car bearing registration No. AS-01E-4786 in a very normal speed, at about 10:30 PM, at Ballapar, the offending Truck bearing registration No. AS-17-0347, knocked down his Maruti Car from behind and as a result of the accident, he sustained injuries.

5. The case proceeded ex-parte against the opposite party No. 1 and 2 i.e. the driver and owner of the offending vehicle respectively. However, Insurance Company contested the case by filing written statement.

6. Am

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