DEENABANDHU SAHU Vs. BIMAL KUMAR GHOSH

JUDGEMENT

(1.) THIS appeal has been filed by the claimant claiming higher compensation.

(2.) AN accident took place on 22.10.1991 on National Highway No. 5 near Keshpur (Ganjam) due to rash and negligent driving of the vehicle bearing number NGA 6307, as a result of which the claimant who was going on a cycle sustained injuries. He was first removed to the Upgraded Primary Health Centre, Khalikote, and thereafter referred to M.K.C.G. Medical College and Hospital for further treatment. The claimant filed claim application claiming Rs. 50,000/ - as compensation. The owner remained exparte. The Insurance Company filed written statement challenging the allegations in the claim application. On consideration of the materials on record, the Tribunal found that the accident took place due to rash and negligent driving of the driver of the Truck and awarded a sum of Rs. 2,000/ - only an compensation. The said Award of the Tribunal is under challenge by the claimant claiming higher compensation. No independent appeal or Cross -Objection has been filed on behalf of the owner or the Insurance Company.

(3.) ACCORDINGLY , the appeal is allowed and it is directed that the Insurance Company shall pay a further sum of Rs. 15,000/ - to the claimant -appellant. The aforesaid amount of Rs. 15,000/ - shall be paid by the Insurance Company by 31st October, 1998. If the said amount is not paid within the stipulated period, it shall carry interest at the rate of 12 per cent thereafter. There will be no order as to costs.