G. VIVEK Vs. NATIONAL INSURANCE CO. LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The Appellant has laid a challenge to the Judgment and Order dtd. 3/11/2017 passed by the High Court of Orissa at Cuttack, whereby an appeal filed by the Insurance Company in the Motor Accident Claim Case has been allowed in part and the compensation amount of Rs.78,83,000.00 granted by the Motor Accident Claims Tribunal (Hereafter 'the Tribunal') has been reduced to Rs.50,00,000.00.

(3.) The Appellant was 12 years old and enrolled in 8th standard at Johnson Grammar School, Nacharam, Hyderabad, Andhra Pradesh, when he met with the unfortunate accident. The mishap occurred on 24/5/2011 while he was travelling from Jeypore to Visakhapatnam along with his family on OSRTC Bus bearing Registration No. OR-10-F-3850. When the bus was near Tharapuram, NH 26, Rambhadrapuram Village, Andhra Pradesh, a lorry bearing Registration No. CG-04-DF-4126, owned by Respondent No. 2 and carrying iron angles dashed into the bus because of the rash and negligent manner it was driven. The tragic event resulted in 21 passengers being injured; later 2 of them succumbed to their injuries.