HAREKRUSHNA MOHAPTRO Vs. PADMA CHARAN BISWAL

JUDGEMENT

(1.) ON 2.10.73 the Appellant an Inspector of police, Sadar Circle, Cuttack was going on his motor cycle on the road when near Gandarpur Petrol Pump, Cuttack Sadar, a truck bearing No. ORU 3598 of Respondent No. 1 suddenly came out of the road side garage dragging another truck and while negotiating the main road without blowing horn, dashed against the Appellant who was on his motor cycle from the left side. As a result of this the Appellant and his motor cycle were thrown off the road. The Appellant fell on his right side and sustained several injuries including lacerated injuries on the head. Thereafter, Appellant was removed to the S.C.B. Medical College Hospital where he remained unconscious for 3 days. After his discharge from the hospital, he filed an application under Section 110 -A of the Motor Vehicles Act for compensation for his injuries suffered by him in the accident, the total amount claimed as compensation being Rs. 50,000/ -. The Tribunal after enquiry found that the accident resulting in the injuries to the Appellant was due to the negligence of the driver of the truck. On the question about the amount of compensation payable to the Appellant, the Tribunal awarded a compensation of Rs. 12,000/ - and directed the insurer of the truck who is Respondent No. 2 in the appeal to pay the aforesaid sum with interest at the rate of 6 per cent per annum from the date of application. The Tribunal also awarded to the Appellant a sum of Rs. 300/ - as consolidated costs. Being aggrieved by the award of the Tribunal, the Appellant has preferred this appeal claiming higher compensation. Respondent No. 2 has also filed a cross objection objecting to the award of Rs. 12,000/ - as compensation to the Appellant.

(2.) THE finding arrived at by the Tribunal regarding the negligence of the driver of the truck cannot be assailed. On the question of quantum of compensation Mr. R.C. Patnaik, learned Counsel for the Appellant, urges that the sum of Rs. 12,000/ - awarded to the Appellant is too low in view of the injuries sustained by him in the accident. According to him on account of the head injury, the Appellant sustained a permanent physical disability such as loss of memory and loss of smelling sensation. On account of loss of memory, it is argued that the Appellants efficiency in discharge of his duty as a police officer was very badly affected in consequence of which he lost prospects of promotion to higher rank in police service. The Tribunal in its award, it is said, has not taken into consideration, these

(3.) IN the result, therefore, I allow the appeal in part and modify the award passed by the Tribunal by assessing the compensation payable to the Appellant at Rs. 14,000/ - and by directing the insurer to pay the said sum with interest at the rate of 6 per cent per annum from the date of application till the date of payment on the aforesaid amount within a period of three months from today in addition to Rs. 100/ - towards costs of this Court. The cross -objection filed by the Respondent No. 2 is dismissed without costs.