UNITED INDIA INSURANCE CO LTD Vs. NAKULA DALAI

JUDGEMENT

(1.) This appeal by United India Insurance Co. Ltd., has been filed challenging the award dated 29.4.98 passed by the Second Motor Accidents Claims Tribunal (S.D.), Berhampur, in M.A.C. No. 339 of 1996 (140 of 1995) awarding compensation of Rs. 55,500 with interest at the rate of 9 per cent per annum on amount of Rs. 45,500 from the date of application till realisation.

(2.) The claimant/respondent No. 1 filed an application before the Tribunal claiming compensation of Rs. 1,50,000 from the appellant and respondent No. 2 on the allegation that on 14.10.1994 at about 9 p.m. near Kanisi Silver Factory on N.H. No. 5 while he was going from Berhampur side towards Golanthara on a bicycle, a mini truck bearing registration No. OR-07-A-5509 being driven in a rash and negligent manner came from Berhampur side and dashed against him from his back causing severe injuries on his person. He was shifted to the hospital and after prolonged treatment he was discharged. The respondent No. 2 who is the owner of the truck did not contest the case and was set ex pane. The present appellant contested the case by way of filing written statement denying the allegations made by the claimant. Specific stands were taken that the offending vehicle had not been insured with the appellant company and the driver of the vehicle was not having a valid driving licence at the time of the accident.

(3.) Considering the respective averments of the parties, the Tribunal framed four issues and while answering issue No. 1, the Tribunal found that the offending vehicle was being driven in a rash and negligent manner and hit the claimant resulting in injuries on the person of the claimant. While answering issue No. 2, the Tribunal also found that the claimant had sustained three injuries, i.e., one lacerated injury on the scalp over the occipital region, bruise and fracture of 1st and 2nd ribs on right side. Considering the income of the claimant and the nature of injuries, the Tribunal was of the view that he is entitled to an award of Rs. 55,500. While answering issue No. 3, the Tribunal was of the view that the seizure list Exh. 10 and the charge-sheet, Exh. 13 disclose that the offending vehicle had valid insurance policy and the driver was having a valid driving licence at the time of the accident and accordingly fixed the liability on the present appellant.