CHANDRA SEKHAR SATAPATHY Vs. DURYODHAN SAHU AND ANOTHER

JUDGEMENT

(1.) This is an appeal by the claimant against the order of the Second Motor Accident Claims Tribunal (SO), Berhampur dismissing the petition claiming compensation for injuries sustained in a motor accident.

(2.) The short facts of the case are that on 8-7-92 at about 10 A.M. as the Narendrapur Chhak under Chatrapur Police Station, while the petitioner was just entering into the bus bearing Regn. No. OR 07 5559, the driver started moving the vehicle, as a result of which, the claimant-appellant fell down from the bus and sustained severe injuries on his person. He was admitted into the hospital and was being treated as an indoor patient for about two months in M.F.C.G. Medical College and Hospital. The appellant had claimed a compensation of Rs. 1,00,000.00 from the respondents.

(3.) Respondent no. 1 was the owner of the attending bus, who has not chosen to enter appearance nor contested the case. Respondent no. 2 is the insurer and filed its written statement denying the claim, inter alia, stating that the insurer does not admit that the vehicle in question was insured with the respondent-insurance company and the policy if any was valid and subsisting and was in force as on the date of the accident. A ground was taken that the owner of the vehicle is to prove that the driver plying the vehicle has a proper and valid licence and was entrusted with the vehicles as per the terms of the policy of the insurer and also that the vehicle was playing authorisedly after payment of tax etc. It was also the case of the insurer in the written statement that the claim is highly excessive and there is no accident as alleged and therefore, the question of payment of compensation does not arise.