BRANCH MANAGER ORIENTAL INS CO Vs. GANGADHAR SAHOO

JUDGEMENT

(1.) HEARD .

(2.) THE Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act inter alia challenging the judgment dated 17.9.2003 passed by the Third MACT, Jajpur in MAC Case No. 60 of 2000. The aforesaid MAC Case had been initiated on the basis of a claim petition filed by the present Respondent No. 1 under Section 166 of the Motor Vehicles Act. It was averred that the claimant -respondent was the driver of the vehicle bearing Registration Number OR -02 -11 -2420 a Maruti Van. On 3.9.2000 while he was driving the said vehicle, the same met with an accident as a result of which he sustained fractures of his right knee and toe of his left leg. He was earning Rs. 3,000.00 per month and that due to aforesaid injuries he became fifty percent disabled. On the basis of such averments, he claimed a compensation of Rs. 1,00,000.00. After receiving notice the owner of the vehicle appeared the filed a written statement but then he did not contest the case. The present appellant Insurance Company as Opp. Party No. 2 before the Tribunal appeared in the case and filed its written statement vaguely denying the averments of the claimant -respondent and took a stand that the claimant should be put to strict proof of the averments made by him.

(3.) THE Learned Tribunal after discussing the evidence, both oral and documentary, arrived at the conclusion that the claimant suffered fifty percent disability due to fracture of his right knee patella leading to stiffness and paralysis of his right leg. Considering the avocation of the claimant and other materials, the Tribunal awarded a compensation of Rs. 91,500/ - in his favour with pendente lite and future interest at the rate of 8% per annum from the date of filing of the claim petition till payment. The said order of the Tribunal, as stated earlier, is assaied in this appeal by the Insurance Company.