SOUMYA KISHORE MISHRA Vs. BRAMHOTRI MOHANTY

JUDGEMENT

(1.) In assailing the impugned judgment dtd. 15/3/2023 passed by the 4th M.A.C.T., Sundargarh (in short, the "Tribunal") in M.A.C. Case No. 48/66 of 2018-22, the appellant, who was the claimant in such proceeding has preferred this appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, "the Act") to challenge the quantum of compensation as awarded to him.

(2.) Bereft of unnecessary details, the present appeal arises out of the proceeding before the learned Tribunal in M.A.C. Case No. 48/66 of 2018-22 for an accident that took place on 14/12/2017 at about 12. 30PM, when the claimant, who by profession a Constable then was going on a motorcycle bearing Regd. No. OR-16B-1409 towards his rented house in Jharsuguda near Durlaga Airport, Jharsuguda, one oil tanker bearing Regd. No. OD-14B-8949 (hereinafter referred to as "the offending vehicle") came in a rash and negligent manner and dashed the motorcycle resulting in serious injuries to the claimant, who after the accident was shifted to different hospitals, but due to accident, he became 90% disabled resulting in loss of job for him, however, the accident was registered vide Jharsuguda P.S. Case No. 821 of 2017 resulting in submission of charge sheet.

(3.) On the inter se pleadings of the parties, the learned Tribunal framed primarily two issues with regard to rash and negligent driving of the driver of the offending vehicle and the entitlement of the claimant to the compensation and accordingly, allowed the parties to lead evidence, however, the claimant examined himself and another Gangadhar Oram as PWs.1 & 2 and exhibited around 22 documents under Exts.1 to 21 together with one letter under Exts.X as against the oral evidence of OPW.1 and documentary evidence of Exts A to C by the OPs. After appreciating the evidence on record upon hearing the parties, the learned Tribunal by the impugned judgment directed the insurer-cum-Respondent No.2 (R-2) to pay compensation of Rs.35,71,648.00 @ 50% of the liability together with 6% Simple Interest (SI) per annum to the claimant on a proportion of 50-50% contributory negligence, but the claimant being aggrieved with the apportionment of liability at the rate of 50-50% has preferred this appeal for enhancement of compensation.