PRASANT KUMAR MOHANTY Vs. TUSARKANTA GUMANSINGH

JUDGEMENT

(1.) This is a claimant's appeal for enhancement of compensation.

(2.) The claimant, a student, while returning from school at about 4.30 p.m. on 23-10-1986, was injured when the vehicle bearing registration number OSU 9287 knocked him down and ran over his left leg resulting in a crushed injury. He was first taken to the E.S.I. Hospital, Choudwar but was not admitted there and was later admitted to the S.C.B. Medical College, Hospital, Cuttack on that date (23-10-1986) where he remained as an indoor patient till 6-2-1987 on which day he was discharged therefrom. This is clear from the bed-head ticket (Ext. 1). It reveals that at a point of time, he (the claimant) had developed symptoms of Titanus for which he had to be treated. He was operated upon under General Anaesthesia. Skin grafting had also to be done under General Anaesthesia. The record further discloses that he had to undergo surgery even though he was in "bad state".

(3.) The owner (respondent No. 1 here), in spite of receipt of notice, did not contest the case before the Tribunal and was, therefore, set ex parte, as is clear from the order-sheets of the Tribunal. Respondent No. 2 was impleaded as the insurer of the vehicle in question but, particulars of insurance were not furnished by the claimant in the claim petition. An application for production of the policy was filed by the claimant and in reply thereto the Oriental Insurance Company stated that it was not the insurer of the vehicle in question.