NATIONAL INSURANCE CO. LTD Vs. PRAFULLA KUMAR PRUSTY

JUDGEMENT

(1.) This is an appeal under Section 110 -D of the Motor Vehicles Act by the insurer.

(2.) ON 24.9.1978 at about 9 a.m., claimant was going on his cycle. Near Bachelors' Barrack of the Unit -8 in the new Capital, Bhubaneswar, one Matador bus bearing registration No. ORP 5573 dashed against the claimant. After the impact, the vehicle dashed against right side culvert at that place and damaged the same. Cycle of the claimant was damaged and he was seriously injured with fracture on his right leg. Accordingly, claimant filed an application for compensation of Rs. 39,500/ -.

(3.) WHEN the claim petition was taken up for inquiry on 29th January, 1982, claimant did not appear. Finding no material on record in support of the claim, application for compensation was dismissed. Misc. Appeal No. 203 of 1982 by the claimant was allowed on 26.11.1986 by this court with direction for enquiry by Tribunal and parties were also directed to appear before the Tribunal on 22.12.1986. During pendency of the proceeding claimant made prayer on 23.2.1987 to amend the claim petition enhancing his claim from Rs. 39,500/ - originally claimed to Rs. 1,00,530/ - asserting that he was still being treated and has spent Rs. 25,000/ - for his treatment. This was allowed by the Tribunal on 9.12,1987. Order was not supported by reasons. Thereafter, claimant examined two witnesses and produced document in support of injuries and prescriptions and receipts of purchase of medicines in support of medical expenses. Owner of the vehicle examined himself and produced the insurance certificate, charge -sheet and order -sheet in the G.R. Case against Lachhman. Evidence of the vehicle being handed over to owner of garage on 11.9.1978 was produced by filing the receipt of the amount by the garage owner for repair of the vehicle.