DIVISIONAL MANAGER UNITED INDIA Vs. BANSIDHAR MALLICK

JUDGEMENT

(1.) IN this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') at the instance of the insurance company, the award passed by the Second Motor Accidents Claims Tribunal, Cuttack, is being challenged.

(2.) CLAIMANT -respondent No. 1 filed Misc. Case No. 211 of 1992 claiming compensation on account of bodily injuries sustained by him. It was alleged by him that while he was moving on the road on 20.12.1991 near Tarapur Bazar, an Ambassador car bearing registration No. ORP 2280 came from Paradeep side at a high speed and dashed against him as a result of which he sustained injuries all over his body. Initially he was treated at Raghu -nathpur P.H.C. and thereafter in the S.C.B. Medical College and Hospital at Cuttack.

(3.) THE owner has not filed any appeal against the award obviously because the liability has been fastened on the insurance company. However, the insurance company has filed the present appeal. In the appeal, all the grounds raised relate to the merit of the claim case. In other words, the appellant has challenged the finding regarding negligent driving and has also contended that the compensation payable is on the higher side as there are serious discrepancies in the evidence relating to the nature of injuries sustained by the claimant -applicant.