NATIONAL INSURANCE CO LTD Vs. DURDADSHYA KUMAR

JUDGEMENT

(1.) Insurer is the appellant in this appeal under S.110D of the Motor Vehicles Act, 1939 (in short 'the Act'). Cross-objection has been filed by the claimant for enhancement of the compensation.

(2.) It is not in dispute that on 31-5-1980 at about 11 a.m. the truck bearing registration No. ORU 1220 caused the accident as a result of which the claimant sustained extensive injuries including fracture of right leg and ankle bones. He was removed to Kendrapara hospital where he was an indoor patient from the date of occurrence for long.

(3.) Case of the claimant is that on account of accident he became invalid, sustained a loss of Rs. 600/- per month which he was earning. Accordingly, ho made a claim for compensation of Rs. 50,000/-. The owner disputed the negligence in driving. It is his claim that the vehicle was requisitioned by the Collector for election duty and accordingly, he would not be liable to pay the compensation if at all it is awarded. The Collector, Cuttack, who requisitioned the vehicle did not appear in spite of valid service of notice and remained ex parte. The insurer claimed that under the terms of the policy it would not be liable to pay the compensation when the vehicle had been requisitioned by the Government.