BRAJA KISHORE Vs. M C SHYAMASUNDAR

JUDGEMENT

(1.) Claimant is the appellant in this appeal under S.110-D of the Motor Vehicles Act, 1939 (in short 'the Act').

(2.) Admittedly, on 23rd December, 1978, in the night at about 9 p.m. the truck bearing registration No. MEM 9020 was coming on the National Highway No. 5 towards Cuttack. Between Chandikhole Chhak and Badachana it faced with an accident and the claimant sustained injuries.

(3.) Case of the claimant is that he was a pedestrian along with P. W. 6. The truck hit him from behind and thereafter it dashed against a culvert and was capsized. As a result of the accident, he sustained injuries and became unconscious. Ultimately, he lost his right hand on account of amputation. He claimed compensation of Rs. 1,20,000/-.