SUBASH SETHY Vs. MAHINDER SINGH RAJPAL

JUDGEMENT

(1.) THIS is an appeal by the claimant against the award of the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 502 of 1984 dated 11.3.1991.

(2.) THE short facts of the case are that the petitioner was a minor aged about 14 years on the date of accident and a resident of village Kankadapal under Sukinda Police Station in the district of Cuttack. The petitioner was earning Rs. 200/ - per month as a washerman working along with his father. It is alleged that on 13.10.1986 at about 8.30 p.m. while he was going with others from Mangalpur towards Tanaka side on the Mangalpur -Tanaka road, the offending Dumper bearing Regn. No. OSC 3792 belonging to opp. party No. 1 and insured with opp. party No. 2 came in high speed from Mangalpur side without blowing horn and suddenly swerved to its left and dashed against the petitioner and some of the pedestrians, who were walking along with him, as a result of the accident the petitioner sustained bleeding injuries on his person and was removed to S.C.B. Medical College and Hospital, Cuttack for treatment. It is alleged that the accident took place because of the rash and negligent driving of the driver of the offending Dumper and the claimants became permanently disabled to do any work for earning his livelihood.

(3.) THE Member, Second Motor Accident Claims Tribunal, on consideration of the evidence and materials on record, found that the accident took place due to rash and negligent driving of the offending vehicle driven by its driver and that the claimant was its occupant along with some others, as passengers on hire and was not a pedestrian, when the accident took place. On recording such finding the learned Member, Claims Tribunal held that Respondent No. 2 Insurance Company cannot be held liable to indemnify the liability by way of compensation and the compensation is payable by the owner of the offending Dumper. However, a compensation of Rs. 3000/ -was awarded against the owner of the vehicle Respondent No. 1 with interest at the rate of 6% per annum in default the interest payable was to be calculated at 12% per annum.