PRASANTA KUMAR SWAIN Vs. SATRUGHNA SWAIN

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 4.7.1998 passed by the 2nd M.A.C.T., Cuttack in Misc. Case No. 275 of 1990, the claimant -petitioner before the Tribunal below has filed this appeal.

(2.) THE fact of the case, in brief, is that on 10.1.1990 at about 9.15 a.m. when the appellant was standing on the left flank of Cuttack -Machhagaon road near Jagatsinghpur, the offending truck bearing registration No. OSC 3865 being driven in a rash and negligent manner came from his back side and dashed against him, as a result of which his right foot was crushed under the wheels causing him seriously injured. He was removed to Jagatsinghpur Government Hospital and thereafter to the S.C.B. Medical College Hospital, Cuttack for treatment, After his treatment, he filed the claim petition before the Tribunal below for compensation to the tune of Rs. 1,50,000/ -.

(3.) IT is contended by the learned counsel for the appellant that as it is evident from the evidence on record the appellant had to undergo prolonged treatment including surgical operation for injuries sustained by him which has rendered him permanently disable and, therefore, the learned Tribunal should have allowed the claim in toto. The learned counsel for the respondent No. 2 defends the award to be just.