ORIENTAL INSURANCE CO LTD Vs. A SIMA PATRA

JUDGEMENT

(1.) This appeal is directed against an award dated 26.12.1995 passed by the Member, 2nd Motor Accidents Claims Tribunal (S.D.), Berhampur in M.A.C. No. 5 of 1993 (165 of 1992).

(2.) The brief fact leading to this appeal is that on 27.12.1991 at about 9 a.m. while respondent No. 1 along with other coolies was travelling in the offending truck bearing No. ORL 299, it met with an accident, resulting in the death of three coolies and he sustained injuries on his person. The respondent No. 1-claimant was working as coolie in the aforesaid truck.

(3.) The Tribunal framed as many as five issues and came to a finding that due to rash and negligent driving of the driver of the vehicle the accident occurred and the driver of the vehicle was having a valid driving licence as well as the vehicle was validly insured on the date of accident. The Claims Tribunal in the aforesaid M.A.C. had directed the payment of compensation of Rs. 21,600 which includes Rs. 2,500 towards mental agony, pain and suffering and shock, Rs. 10,000 towards expenditure on treatment, Rs. 2,500 towards nature of treatment and Rs. 3,600 towards loss of income.