ORIENTAL INSURANCE CO LTD Vs. DINABANDHU NAYAK

JUDGEMENT

(1.) These Letters Patent Appeals are filed by Oriental Insurance Co. Ltd. being aggrieved by a common judgment dated 3.5.2000 passed by the learned single Judge of this court in M.A. Nos. 200 and 222 of 1998. Both the misc. appeals arose out of claim case filed by respondent No. 1 before the Second Motor Accidents Claims Tribunal (SD), Berhampur, being M.A.C. No. 424 of 1994 (190 of 1994) under section 166 of the Motor Vehicles Act.

(2.) Bereft of all unnecessary details, the short facts of the case are that: On 21.2.1994 at about 6.30 a.m., a bus bearing registration No. OAG 7927 being driven in a rash and negligent manner dashed against the claimant on the main road near village Karapada thereby causing severe injuries on his person. He was admitted to the hospital for treatment and subsequently he filed the claim case claiming Rs. 1,80,000 towards compensation for the physical handicap, disability and agony sustained by him due to the accident and Rs. 20,000 towards conveyance from the spot of the accident to the hospital and back, cost incurred for treatment, attendant in hospital as well as other expenses. The owner of the vehicle did not contest the case and was set ex parte.

(3.) Appellant insurance company which was respondent No. 2 before the Tribunal filed a bald written statement. The only ground taken in the original written statement was that the driver of the offending vehicle was not having valid licence and claimant was to prove his case beyond all reasonable doubts. Subsequently, however, the said written statement was amended and the plea that the cheque issued by the owner towards premium had bounced was taken. In short, the plea of the insurance company was that it was not liable to pay any compensation.