JOGENDRA CHINARA Vs. RAMARAMAN TRIPATHY & ANOTHER

JUDGEMENT

(1.) THIS is an appeal under Section of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') filed by the claimant -Appellant challenging the award dated 15.2.2007 passed by the Member 3rd. Motor Accident Claims Tribunal, Bhubaneswar, (hereinafter referred to as the 'Tribunal'), in Misc. Case No. 110/556 of 2001 on the ground that the amount of compensation awarded by the Tribunal is at the lower side.

(2.) THE facts of the case are that on 11.7.2001 at about 5.00 A.M. near Barkul on N.H. 5 while the claimant -Appellant was proceeding on the extreme left side of the road, an Auto -rickshaw bearing Registration No. OR -13 -5358 being driven in a rash and negligent manner dashed against the claimant -Appellant. As a result of such accident, the claimant -Appellant sustained several injuries including brain injury and was taken to Balugaon hospital for treatment and thereafter shifted to S.C.B. Medical College and Hospital, Cuttack where he was admitted in the Neurosurgery Deptt. on 12.7.2001 and remained there as indoor patient till 27.7.2001 and spent Rs. 30,000/ - for his treatment. The further case of the claimant was that he was earning a sum of Rs. 3,000/ - per month as a mason.

(3.) THE Insurance Company filed its written statement denying all the averments made in the claim application and pleaded that the driver of the Auto rickshaw had no valid driving licence and the vehicle was not covered with a valid Insurance Policy at the time of accident. It also pleaded that the amount of compensation claimed by the claimant is high and excessive.