PULAK PATI Vs. PRAFULLA KUMAR BHANJA

JUDGEMENT

(1.) This appeal is preferred by the claimant against the order dated 20.05.2005 passed by the learned Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No.1213 of 1992 whose claim application has been allowed in part and a sum of Rs.50,000/- has been awarded as against his claim for compensation to the tune of Rs.2,00,000/- for the injuries he had suffered in a motor vehicle accident that took place on 26.10.1992.

(2.) The appellant filed the claim petition asserting that on 26.10.1992, as a gratuitous passenger he had traveled in a car owned by opposite party-respondent No.1. While the driver was driving the car in N.H.-42 in a rash and negligent manner, the car suddenly swiveled towards its right side and dashed against one OSRTC Bus which was coming from the opposite direction. After the dash the car moved ahead in an imbalanced manner and at last collided against a road side tree. Because of the impact of the accident the appellant sustained severe injuries. He underwent a prolonged treatment spending around Rs.40,000/-. However, since he had sustained fracture of mandible and maxilla with lacerated injury over his face with facial paralysis as well as permanent disfiguration of his face, he claimed Rs.2,00,000/- as compensation.

(3.) Respondent No.1 is the owner of the car. Respondent No.2 is the owner of the Bus. Respondent No.3 is the Insurance Company under which the car was insured.