MAHENDRA BEHERA Vs. LALMOHAN BEHERA & ANOTHER

JUDGEMENT

(1.) This appeal arises out of the judgment dated 15.04.2014 passed in M.A.C. No.31/86 of 2012-10. This is an application at the instance of injured claimant for enhancement of the compensation amount.

(2.) Short background involved in this case is that the injured claimant while returning from the Saraskana weekly market after completing his business work in a Savari vehicle bearing registration No.OR-11E-2564, on the way near Manada at NH No.6 the Savari vehicle over turned to the road side and got capsized. As a result of which, all the occupants including the appellant of the Savari vehicle sustained multiple bleeding and fracture injuries. On the plea of rash and negligent driving of the driver of the vehicle, injured persons including the appellant filed the claim application. The owner of the vehicle itself remained ex-parte. The Insurance Company on its appearance filed written statement disputing issuance of the policy in favour of the offending vehicle. While disputing the injury sustained by all the injureds, requested for proving of the same by the respective parties. The Insurance Company also alleged regarding violation of policy conditions by the owner of the parties.

(3.) In assailing the impugned judgment, learned counsel appearing for the appellant contended that looking to the period of stay in the hospital at both places, the disability certificate issued by the competent authority and the evidence with regard to the medical expenditure involving the injured, the amount awarded is grossly at a lower side and hence, claims enhancement of the same.