RAMA KANTA SWAIN Vs. MANAGING DIRECTOR INDUSTRIAL

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 12.1.1995 passed by the 4th Motor Accidents Claims Tribunal, Puri, in M.A.C.T. Case No. 434/1065 of 93/88, the claimant has filed this appeal under Section 173(1) of the Motor Vehicles Act.

(2.) THE fact of the case, in brief, is that the claimant -appellant was a student of Accountancy at the time of occurrence. On 15.10,1988 at about 6.20 PM. while the claimant -appellant was returning to Baramunda in Bhubaneswar from Saheed Nagar side on his bicycle, the offending bus bearing registration No. OSX -8151, which approached from the opposite direction at Nayapalli road junction swerved towards it's right side and dashed against the claimant -appellant as a result of which he sustained multiple injuries including lacerated injuries on different parts of his body and the bi -cycle was damaged. The claimant -appellant was removed to the Capital Hospital, Bhubaneswar where he was treated and subsequently he was referred to the S.C.B. Medical College Hospital, Cuttack, for further treatment.

(3.) THE learned Tribunal after considering the oral and documentary evidence adduced on behalf of the claimant and taking into account the principle of law propounded by the Apex Court in AIR 1985 Punjab and Haryana, 355 (United India Fire and General Insurance Co. Ltd. v. Gurmail Kaur and Ors.) held that the claimant having failed to implead the real owner of the offending vehicle, the insurance company cannot be saddled with the liability to pay compensation. Accordingly, the claim application was dismissed.