DAMBARADHAR NAYAK Vs. PURNA CHANDRA SWAIN

JUDGEMENT

(1.) CLAIMANT is the appellant in this appeal under Section 110 -D of the Motor Vehicles Act,1939 (for short 'the Act') being aggrieved by refusal of his claim for compensation of Rs 25,000/ - by awarding a sum of Rs. 10,000/ - with 6% interest only.

(2.) CASE of the claimant is that on 19 -8 -1984 at about 10.30 a.m. while he was waiting for a bus to come to Cuttack at Raghunathpur On Cuttack -Paradeep road, a car bearing registration number OAC 3793 came from Paradeep side being driven rashly and negligently and swerving towards the extreme left dashed against him as a result of which he fell down sustaining a crack fracture of the uoper end of the femur of the right side. He was admitted to the Raghunathpur Primary Health Centre wherefrom he was brought to the S.G. B. Medical College Hospital, Cuttack to be under treatment as an indoor patient with effect from 20 -8 -84 to 2 -9 -84. Appellant aged about 39 years old at the time of the accident claimed to have lost a monthly income of Rs. 500/ - since he is not able to perform any agricultural operation or carry on business of purchase and sale of cocoanut.

(3.) APPELLANT examined himself, a bystander who saw the accident, the person who lodged F.I.R on the basis of information and the doctor of S.G.B. Medical College Hospital.