JAGABANDHU MOHANTY Vs. HADIBANDHU SWAIN AND ANR.

JUDGEMENT

(1.) OWNER is the Appellant in this appeal under Section 110 -D of the Motor Vehicles Act, 1939 (in short 'the Act'). Claimant under Section 110 -A of the Act has also preferred cross -objection for enhancement of the compensation awarded.

(2.) CLAIMANT is a villager. His wife, child and old mother depend on him. For the purpose of collection of eggs and vegetables to supply them at Bhubaneswar for earning his livelihood, he was moving round on a cycle from village to village. On 9.7.1976, the claimant was returning back from Bhubaneswar on his cycle to his village after making the supplies. At about 6 p.m. near Uttara Chhak when a bus was standing on the extreme left flank of the Bhubaneswar Puri Road, which he was crossing, a truck bearing registration No. ORU 1663 came from his front and dashed against him. As a result of sustaining injuries he became senseless and had to be removed to the Capital Hospital. His left leg below the knee had to be amputated. An artificial limb was fixed. The claimant having sustained pecuniary and non -pecuniary losses, filed a claim petition before the Motor Accidents Claims Tribunal, Puri under Section 110 -A of the Act claiming compensation of Rs. 96,000/ -. In the petition, he assessed his claim as follows:

(3.) THE Tribunal, assessing the material available on record, determined the compensation at Rs. 56,260/ - on the following heads: