UNITED INDIA INSURANCE CO LTD Vs. CHARAN BISWAL

JUDGEMENT

(1.) ALL the three appeals are directed against the judgment and award dated 15th May, 2004 passed by the 1st Additional District Judge -cum -1st M.A.C.T. Cuttack in Misc. Case No. 835 of 1998 directing that payment of compensation of. Rs. 4,25,000/ - be equally shared by both the Insurance Companies along with interest at the rate of 9% per annum from the date of filing of the claim petition till realization. M.A.C.A. No. 346 of 2004 has been filed by the United India Insurance Company Limited challenging the award whereas M.A.C.A. No. 495 of 2004 has been filed by the New India Assurance Company Limited challenging the said award. The claimant has filed M.A.C.A. No. 462 of 2004 praying for enhancement of compensation.

(2.) THE case of the claimant is that on 23.7.1998, at about 5 P.M., while he was going from Niali to his village Athantara in a trekker bearing registration No. OR -05A -3813, near Niali Block Office, a tractor bearing registration No. OR -05 -1930 attached with trailer came from the opposite direction being driven in a rash and negligent manner and dashed against the trekker. The accident took place on the middle of the road and it is the case of the claimant that drivers of both the vehicles were negligent in driving the vehicles.lt is also the case of the claimant that he sustained multiple fractures on his right leg knee with other bleeding injuries all over his body and was shifted to S.C.B. Medical College and Hospital, Cuttack where he was admitted as an indoor patient. He, thereafter, took admission in the General Nursing Home, Mangalabag, Cuttack for further treatment. The claimant claims to have spent Rs. 50,000/ - towards treatment till the date of filing of application. According to him, because of the injuries sustained in course of accident, he has lost his job. The claimant further claimed that he was earning Rs. 18,548/ - per month and was contributing Rs. 15,000/ - to his family per month. Accordingly he claimed compensation of Rs. 10,00,000/ -.

(3.) ON pleadings of the parties, the Tribunal framed five issues and with reference to the evidence available on record held that the accident took place due to rash and negligent driving on the part of the drivers of both the vehicles and each one of them equally contributed to the accident. The Tribunal also found that in course of such accident, the claimant sustained injuries and the vehicles being duly insured, and compensation payable to the claimant, has to be equally shared by both the Insurance Companies.