TULSI PRASAD AGARWALA Vs. NARAYAN DAS

JUDGEMENT

(1.) This Miscellaneous Appeal against the order dated 9th December, 2011 passed by the Second Motor Accident Claims Tribunal, Sambalpur in Misc. (A) Case No. 69 of 1992 (SN), is filed by the injured in a motor vehicle accident that took place on 7th November, 1991 at about 10.30 p.m. on the overbridge of Vedvyas-Panposh Main Road, seeking for enhancement of compensation at Rs. 1.65 lakhs with interest, urging various facts and legal grounds. The brief fact is that the claimant-injured was returning from Vedvyas to Rourkela with his friends in a scooter bearing registration number OIS 6609 on 7th November, 1991 at about 10.20 p.m. When they reached the overbridge of Brahmani tarang, the offending truck OSO 443 came from the opposite side being driven in a rash and negligent manner, and dashed against the scooter. The claimant being pillion rider, fell down from the scooter and another rider died on the spot. He sustained multiple injuries on his leg and body and became unconscious. He was admitted in the I.G.H. as an indoor patient and was discharged on 30th December, 1991. He also remained under treatment of Senior Specialist of Orthopaedic. Operation was conducted on his leg. Grafting and nailing of bones were also done on his foot.

(2.) The owner-O.P. No. 1 remained ex parte. The Insurance Company respondent No. 2 appeared and filed written statement denying its liability.

(3.) The Tribunal has awarded Rs. 35,000/- with interest @ 10% per annum from the date of filing the claim petition (16th April, 1992) till the date of realisation directing the owner O.P. No. 1 to pay the same within two months from the date of order.