UNITED INSURANCE CO LIMITED Vs. KRUTIBAS LENKA

JUDGEMENT

(1.) Against the award dated 17-12-1991 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No.198 of 1984, the insurer (Opp. Party No. 3) has filed this appeal.

(2.) The Respondent No. 1 / Claimant was employed as an overseer in the Horticulture Department at Cuttack. On 18-6-1984 at about 1.30 p.m. while he was coming down the Cuttack - Paradeep Road, he was knocked down and injured by a car bearing Registration No. ORB 925 which was being towed by a van bearing Registration No. ORC 5328 which was coming from the opposite direction. According to the claimant, the accident was due to the rashness and negligence on the part of the driver of the van ORC 5328 and the driver who was on the steering of the car bearing Registration No. ORB 925 which was being towed. The claimant alleges that as a result of the impact, he was thrown off the cycle and the car ran over his thigh which resulted in grivious injury on his thigh. He also received other multiple injuries on his body. It is further alleged that as a result of the injuries, he was removed to the S.C. B. Medical College Hospital, Cuttack where after prolong treatment he was declared fit. Accordingly, he claimed compensation amounting to Rs.70, 000/- from the owner as well as the insurer of the offending vehicle.

(3.) As in spite of notice, the owners of the two offending vehicles, that is the van and car, remained absent they were proceeded ex parte. The insurer of the vehicle ORC 5328 (van), opp. party No. 3/ appellant entered appearance and filed its written statement denying its liability.