HAFIZUR RAHEMAN Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) THIS appeal has bee filed by the claimant seeking for a higher compensation.

(2.) THE claimant suffered injury on account of an accident involving a truck bearing registration No. ORJ 4767. It is stated that on 13.6.1985 he was proceeding on a cycle towards Chahdikhol and the truck came from behind and dashed against him, as a result .of Which he fell down from the cycle and sustained fracture on the leg and multiple injuries all over the body. He was hospitalised and was treated in the S.C.B. Medical College Hospital, Cuttack, for about one month. Even after he was discharged, he was still having physical disability and difficulty to walk. With the aforesaid allegations, he filed claim application claiming Rs. 75,000/ -.

(3.) THE Tribunal, on consideration of the evidence on record found that the accident occurred due to the negligent driving of the driver of the vehicle. It further found that the claimant has sustained fracture of the hip and there was shortening of leg. The Tribunal directed the Insurance Company to pay a sum of Rs. 30,000/ - as compensation with interest at the rate of 6% from the date of filing of the claim application. Against the aforesaid award no appeal had been filed either by the owner or the Insurance Company.