PABITRA NAYAK Vs. SIBA SAHOO AND ANOTHER

JUDGEMENT

(1.) These are two appeals under Section 173 of the Motor Vehicle Act. M.A.C.A.No.486 of 2015 is at the instance of the claimant seeking enhancement of the compensation awarded by the 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No.80 of 2012 whereas the M.A.C.A. No.770 of 2015 is at the instance of the National Insurance Company Ltd., challenging the quantum of compensation granted by the 2nd Motor Accident Claims Tribunal Cuttack in the aforesaid Misc. Case.

(2.) Short facts involved in the case are that the appellant in the first case being the claimant while was travelling in a truck bearing Registration No.OR-J-3324 from Biridi to Dhenkanal as a labourer at 1 P.M. on 10.2.2012, on the way near Ganapati Dhaba on N.H.42, met with an accident due to rash and negligent driving of the driver of the said truck by dashing against a truck from its behind proceeding in the same direction. The claimant sustained severe injuries on his person and was immediately shifted to District Headquarter Hospital, Dhenkanal. For developing complications, the claimant was further shifted to S.C.B. Medical College & Hospital, Cuttack for better treatment. On the plea that he has sustained major injuries to his body with loss of physical disability to the extent of 70% for complete amputation of left leg and for having prolonged treatment, ultimately resulting total loss of earning capacity, made a claim of Rs.35,60,000/-. In substantiating his case, the claimant-appellant submitted that he being a labourer in a truck, his income was Rs.7,500/- per month. Considering the statement of O.P.1, the owner of the offending truck, the Tribunal held the income of the petitioner to be Rs.3,500 per month in the year of accident and after observing the accident caused due to rash and negligent driving of the driver of the offending truck, caused the accident, it's driver having a valid driving licence as well as valid insurance, the Tribunal ultimately granted a sum of Rs.6,85,200/- along with interest as indicated therein with further direction in respect of mode of release of the compensation.

(3.) In filing the M.A.C.A. No.486 of 2015, the claimant-appellant submitted that looking to the injury sustained by the claimant having total loss of income, the compensation awarded by the Tribunal was at a very lower side. The grant on the head of future earning is also at a very lower side. The extent of disability vis-a-vis the loss of earning capacity should have been treated as 100% rather than 80% as decided by the Tribunal.