ORIENTAL INSURANCE COMPANY LTD Vs. ABHIRAM SARANGI

JUDGEMENT

(1.) THIS appeal has been filed under section 173 of M. V. Act, 1988 against the award dated 17th July, 2003 passed in Misc case No. 1 of 1993 by the Second M. A. C. T. , cuttack (for short, the Tribunal' ).

(2.) THE facts of case before the learned tribunal was that on 2-1 -1993 at about 5 p. m. at Nemal while the claimant-petitioner was going by his bicycle from Narua to Nemal, the tyre of front right wheel of the offending truck bearing registration No. ORJ-3952 coming from the opposite side in rash and negligent manner burst and iron portion of the wheel dashed against the claimant-petitioneresuiting fracture of mandible and right knee joint with other injuries on his person. The claimant-petitioner underwent treatment in S. C. B. Medical College and Hospital, Cuttack and incurred expenditure of Rs. 15,000/-approximatelyfortreatment. Thefur ther case of the claimant before the learned Tribunal was that the monthly income of the claimant as a teacher was Rs. 2,200/- and the offending vehicle was owned by opposite party No. 1 and insured with opposite party No. 2 Oriental insurance Company Ltd. vide policy no. 31/93/00093/11 valid from 9-4-1992 to 8-4-1993. Opposite party No. 1 ownerof the vehicle was set ex parte vide order dated 6-1-1994. Opposite party No. 2 in its written statement challenged the claim petition in its entirety. On the above pleadings, learned Tribunal framed four issues. The claimant examined two witnesses and produced eight documents which are exhibited as Exts. 1 to 8. Opposite party No. 2 insurance Company did not examine any witness and also did not produce any document.

(3.) LEARNED Tribunal after considering both oral and documentary evidence came to the conclusion that due to rash, and negligent driving of the driver of the offending truck the claimant-petitioner sustained injuries. On the basis of the Insurance Policy of the offending vehicle, learned Tribunal held that opposite party No. 2, as insurerof the offending vehicle, has liability to compensate the claim of the petitioner. Learned Tribunal assessed the compensation amount at Rs. 15,000/- relying on some judicial pronouncement cited by the claimant-petitioner. Learned Tribunal further allowed Rs. 10o/- towards consolidated cost and directed the Insurance Company to make the payment within a period of thirty days from the date of the awarded with 6 percent interest per annum from 2-1-1993 i. e. from the date of filing of the application till the date of realization. Learned Tribunal further directed that out of the total compensation amount and interest component, a sum of Rs. 20,000/- be kept in shape of unencumberable fixed deposit in any nationalized bank in the name of the claimant-petitionerf or a period of six years and balance be paid to the claimant in shape of cash.