ORIENT INSURANCE COMPANY LTD Vs. UKIA GURU

JUDGEMENT

(1.) THE Judgment and award of compensation passed in favour of Respondent No. 1 Mst.Ukia Guru by the Learned Addl. District Judge -cum -MACT, Balangir in MACT Case No. 61/17 of 1998 -2000 is assailed in this appeal by the Oriental Insurance Company. The said Judgment is assailed mainly on the grounds that the driver of the offending mini bus named 'Sanket' was not possessing a valid driving licence; that the said vehicle had been over -loaded with passengers; no injury report with regard to Respondent No. 1 who was the Petitioner before the Tribunal was produced and that the award of compensation is excessive.

(2.) IT appears from records that in support of her averments the Petitioner/Respondent No. 1 got two witnesses examined including herself and exhibited as many as six documents which included the FIR lodged with police with regard to the accident, charge -sheet filed by police on the basis of the said FIR; bed -head ticket of Burla Hospital; medical certificate granted by the Orthopedic and Rehabilitation Foundation and Research Centre, Bhubaneswar; Xerox copies of R.C. Book of the offending mini bus and its insurance policy. The Appellant -Insurance Company did not get any witness examined on its behalf, but exhibited the copy of the Insurance policy of the said vehicle; a letter of the concerned RTO and certified copy of a driving licence. After perusing the materials available on record and particularly the certificate, Ext.6, granted by the Orthopedic and Rehabilitation Foundation and Research Centre, with regard to the gravity of the injuries sustained by Petitioner -Respondent No. 1, the Learned Tribunal has awarded a compensation of Rs. 35,000.00 in favour of Petitioner -Respondent No. 1 with 6% interest thereon from the date of the claim application, i.e. 9 -4 -1998.