NATIONAL INSURANCE CO LTD Vs. BRAHMANANDA JENA

JUDGEMENT

(1.) This is an appeal by the insurer under Section 110 -D of the Motor Vehicles Act, 1939 (in short 'the Act').

(2.) CLAIMANT is a daily labourer. On 23 -6 -1979 at about 4,30 p.m. while he was returning back from his work with other workers on the Singhipur Road, the truck bearing registration No. OSC 197 loaded with stone boulders came from their front at a high speed. It dashed against the respondent No. 1 causing fracture of his right leg and overturned causing injuries to the other field workers with the respondent No. 1. Four separate claim applications were filed which were taken up together for enquiry. One set of evidence was recorded and one common order was passed.

(3.) MR . P. Roy, the learned Counsel for the appellant submitted that in respect of the two claims where the amounts of compensation awarded were less than Rs. 2,000/ - each, no appeal was maintainable in view of the language of Section 110 -D of the Act and applications under Article 226 of the Constitution registered as O.J.C. No. 1640 of 1983 and O.J.C. No. 1773 of 1983 were summarily dismissed without being admitted.