ORIENTAL INSURANCE CO.LTD. Vs. MANAS BARIK

JUDGEMENT

(1.) THE Oriental Insurance Company Ltd. has filed this appeal assailing the judgment dtd. 22.2.2003 passed by Shri S. K. Pattnaik, Fourth Motor Accident Claims Tribunal, Cuttack as well as the order dated 17.1.2004 passed by 5th M.A.C.T. -cum -Addl. District & Sessions Judge, Khurda in M.A.C.T. Misc.Case No.12/70 of 2000.

(2.) MANAS Barik, respondent No.1, who was a young boy of 19 years lost his both legs below knee in a motor vehicle accident which occurred on 9.1.2000. It is alleged that he was working as a helper in a Tipper bearing Regn. No.OR -16 -8066 when the said vehicle capsized to its left both is legs were trampled and were virtually smashed. He was immediately shifted to the District Headquarters Hospital, Khurda and thereafter to S.C.B. Medical College -Hospital, Cuttack. Both his legs were amputated one after the other below the knee and skin grafting was also done.

(3.) IN consonance with the inter se pleadings, the Tribunal framed four issues.