PRAFULLA KUMAR MISHRA Vs. INDRASEN SHARMA AND ANOTHER

JUDGEMENT

(1.) This appeal challenges the award dated 19.6.2014 passed by the learned 2nd M.A.C.T., (S.D), Berhampur, Ganjam in M.A.C.No.30/2005 (512/2004-GDC), whereby the learned Tribunal dismissed the claim application.

(2.) The appellant as claimant filed an application under Section 166 of the Motor Vehicles Act, 1988 for compensation before the learned Tribunal. The case of the claimant was that he was working in the Sambad Office, Berhampur. On 11.11.2002 at 3.30 A.M. he was carrying the daily Sambad copies to Berhampur bus-stand in an auto-rickshaw bearing Registration No.OAG 3298. He was driving the vehicle. There was dense fog. On the way near Ankuli bypass the auto-rickshaw dashed against the back side of a truck parked on the left earthen flank of the road without lightening any indicator or glowing sign, as a result of which, he sustained injuries. He was shifted to M.K.C.G. Medical College and Hospital, Berhampur for treatment and subsequently referred to S.C.B. Medical College and Hospital, Cuttack. He was treated as an indoor patient till 6.12.2002. The matter was reported to the police station.

(3.) The owner as well as the insurer of the offending truck entered appearance and filed written statement denying the assertions made in the petition.