NEW INDIA ASSURANCE CO. Vs. TULU JENA

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act filed by the New India Assurance Company Ltd. challenging the order dated 8.10.2004 passed by learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No.1189/2000.

(2.) ON 29.7.2000 Tulu Jena, respondent No.1, was travelling in a Truck bearing Regn. No.OR -04 -8618 with some goods. The aforesaid truck, it is alleged, being driven in a rash and negligent manner dashed against a road side tree consequently causing grievous injuries on the person of Tulu. He was taken to Ghatagaon P.H.C. for treatment and thereafter as his condition became serious he was shifted to S.C.B. Medical College Hospital, Cuttack for treatment. It is further alleged that respondent No.1 was a Mixture manufacturer and was earning at least Rs.3,000/ - per month. Due to the accident he had become disabled and was unable to earn his livelihood. He claimed a compensation of Rs.1,50,000/ -.

(3.) TO substantiate his case, the injured got two witnesses examined and exhibited seven documents. The Insurance Company did not adduce any evidence, either oral or documentary.