PRAVASH CHANDRA GIRI Vs. ORISSA STEVEDORE LTD

JUDGEMENT

(1.) This appeal has been filed by the claimant against judgment dated 17.09.1999 passed by the Member, 3 rd M.A.C.T., Bhubaneswar in M.A.C.T. Misc. Case No.312 of 1993.

(2.) The appellant's case in a nutshell is that while the appellant proceeding towards Mancheswar by a cycle, stood by the side of the foot path to cross the road, one Maruti Van bearing registration No.W.B.- 02A/6513 came from Bhubaneswar side with high speed and dashed against him. As a result, he was thrown at a distance and sustained severe injuries on his person. Immediately, he was taken to Capital Hospital, Bhubaneswar and one day thereafter he was removed to S.C.B. Medical College and Hospital, Cuttack. He was under treatment in the said hospital for 15 days as an indoor patient. After discharge, while he was in his village felt pain in his right shoulder and got treated in a private clinic at Rasulgarh. As he was not completely cured, he remained under treatment of a doctor at Cuttack. In his claim petition, he claimed his income as Rs.50/- per day. As he was unable to work as a Helper, he claimed compensation of Rs.1,50,000/-.

(3.) Owner of the offending vehicle entered his appearance and filed his written statement denying the claim of the claimant-appellant that the vehicle caused accident due to rash and negligent driving of the driver. According to the owner, there was contributory negligence on the part of the claimant and also the driver of the offending vehicle.