ORIENTAL INSURANCE COMPANY LTD. Vs. GOURANGA CHARAN BEHERA

JUDGEMENT

(1.) This is an appeal Under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') filed by the Insurance Company challenging the legality and propriety of the Order Dated 28.11.2000 passed by the 2nd. Motor Accident Claims Tribunal, Cuttack, (for short 'the Tribunal'). In Misc. Case No. 1041 of 1990, by which the Appellant Insurance Company has been directed to pay a sum of Rs. 70,000 to the claimant -Respondent with a consolidated cost of Rs. 250 along with interest @ 6% per annum from the date of filing of the claim petition before the Tribunal, i.e., 7.11.1990 till its realization.

(2.) THE case of the claimant -Respondent before the Tribunal in nutshell was that on 22.8.1990 while he was travelling in a bus bearing Registration No. OSU 4257 from Cuttack to his village Nimbera at about 2.30 P.M. the left side rear wheel tyres of the bus were suddenly burst, as a result of which the check plates of the bus over the said wheels moved upwards violently and hit against the claimant -Respondent who occupied a seat in the bus just above the left side wheel. In the said accident, the claimant -Respondent sustained severe fracture injury on his both legs. From the spot, he was taken to S.C.B. Medical College and Hospital, Cuttack for treatment, where he was admitted as an indoor patient. He remained there as an indoor patient till 4.9.1990. After being discharged from S.C.B. Medical College Hospital, Cuttack, he was further treated as an indoor patient in Paradeep Port Hospital up to 11.12.1990. The claimant having not been cured despite all such treatment was referred to Rekula for Ayurvedic treatment. In spite of all these treatments, he was not fully cured and unable to walk properly. During the relevant period the claimant -Respondent was working as a peon in Paradeep Port Hospital and was getting a monthly salary of Rs. 2,200. Because of his ailment for the injury sustained in the accident, he remained on leave for 340 days and did not get leave salary for 241 days. Besides loss of income, he had also spent Rs. 40,000 towards his treatment. According to the claimant -Respondent, as the accident resulting the above injury took place due to the rash and negligent driving by the driver of the offending bus and the bus was duly insured with the insurance company, the owner and insurer of the offending vehicle are jointly and severally liable to pay the compensation to him.

(3.) ON the above pleadings of the parties, the Tribunal framed five issues.