STATE OF ORISSA Vs. HARIHAR HATI

JUDGEMENT

(1.) THE State of Orissa is the Appellant in this appeal which challenges the award of the 2nd Motor Accident Claims Tribunal, Puri awarding Rs. 9,100/ - to the Respondent on account of damages caused to him in a motor accident.

(2.) THE claimant -Respondent filed an application under Section 110 -A of the Motor Vehicles Act before the Tribunal claiming compensation of Rs. 19,350/ - for damages sustained by him in an accident caused by a jeep bearing registration No. ORP 1172 belonging to the Appellant on the following allegations: On 8.1.71 at 4.30 p.m. the Respondent was going on his bicycle and was proceeding slowly on the left side of the road from the north to the south. The Government jeep bearing the aforesaid registration number came from the opposite direction driven most rashly and negligently at a high speed without blowing horn. The driver driving the jeep was not mindful and was busy in talking with the occupant of the vehicle Mr. M. Balaram Das, Deputy Director of Agriculture. While coming at a high speed almost in the middle of the road the vehicle suddenly swerved to right and dashed against the Respondent's bicycle as a result of which the Respondent received serious injuries and became senseless at the spot. His bicycle was also damaged. The Respondent was then carried to the Capital Hospital from where he was removed to the S.C.B. Medical College Hospital for better treatment as one of the injuries sustained by him was bone fracture of both the bones of the left leg. He was hospitalised as an indoor patient and was discharged with plaster on his leg. X -Ray photos taken of the injuries on several occasions after his discharge revealed some improvement. The Capital police started a criminal case under Sections 377 and 279 Cr.P.C. against the driver of the vehicle. The Respondent was a healthy and active young man with strong body. After the accident he became partially disabled and physically unfit. He could not walk properly, run, play, climb steps and take up hard and strenuous physical work. As a result of the accident the Respondent was mentally shocked and had undergone physical pain and mental sufferings. His longevity was shortened. He also lost his pay for the period during which he was hospitalised and was unable to attend to his normal work and spent money for his treatment, food, medicine and attendants. On account of the physical disability of permanent nature the Respondent was expected to incur further expenditure in order to enable him to carry on till his end. He was therefore, entitled to compensation of Rs. 19,350/ - with interest at the rate of 6 per cent per annum from the date of filing his application till the date of payment.

(3.) THE Tribunal held that the claim was maintainable and the claim petition was not barred by time; that the accident was caused due to negligence and rashness of the driver driving the vehicle and that there was no contributory negligence on the part of the Respondent.