G KRISHNA RAO DORA Vs. SURJYANARAYAN PATRA

JUDGEMENT

(1.) In this appeal under section 173 of the Motor Vehicles Act, the owner has challenged the award passed by the Claims Tribunal awarding a sum of Rs. 12,000 in favour of the claimant-respondent No. 1.

(2.) It is claimed that on 24.9.1991 at about 9 a.m., the offending vehicle, a mini bus bearing registration No. OSG 6167 belonging to the present appellant dashed against the claimant who was standing on the road with his cycle. As a result of such accident, the claimant sustained injuries. Claim application was filed claiming Rs. 50,000 as compensation. The appellant did not contest the case and was set ex parte. The insurance company (present respondent No. 2) filed the written statement disowning the liability and denying the allegations made in the claim petition.

(3.) The Claims Tribunal on consideration of the evidence on record held that the accident occurred due to rash and negligent driving of the driver of the mini bus. It further found that the claimant was entitled to a sum of Rs. 12,000 as compensation. It directed that the said compensation amount should be paid by the owner along with cost of Rs. 200 and interest at the rate of 9 per cent from the date of application, as the materials on record were not sufficient to hold that the vehicle in question had been insured with the insurance company, the present respondent No. 2. Such award is being challenged by the owner in the present appeal.