KANIA RANA Vs. ATUL KUMAR PARIDA AND ANOTHER

JUDGEMENT

(1.) Labelling quantum of compensation awarded by Second Motor Accidents Claim Tribunal, Cuttack (in short, the 'Tribunal) to be inadequate. Mania Rana (hereinafter referred to as the claimant) has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988 (in short, the Act).

(2.) Claimants case in short, is as follows:

(3.) In order to further his claim, claimant examined himself as PW. 1. Certified copies of FIR, charge-sheet and injury report were exhibited. The insurer though accepting claim of insurance, disputed its liability. Claimant had claimed that he was 35 years old at the time of accident and was earning Rs. 1500.00 per month by rickshaw pulling. The Tribunal accepted that accident occurred on account of rash and negligent driving of the vehicle, and further held the insurer to be liable to indemnify the award, if any, made. It did not accept the income as claimed by the claimant. A sum of Rs. 32,000.00 on the following heads was awarded as compensation. <FRM>JUDGEMENT_48_LAWS(ORI)11_1994.htm</FRM> Insurer was held liable to indemnify the award. Interest @ 5% per annum from the date of claim petition was awarded along with cost of Rs. 300.00.