NEW INDIA ASSURANCE CO LTD Vs. NETRANANDA KANDI

JUDGEMENT

(1.) THE insurer of the vehicle, ORX No. 5067, is the appellant in an appeal under Section 110D of the Motor Vehicles Act, 1939, challenging the award of the Motor Accidents Claims Tribunal. The claimant -respondent No. 1 was travelling in a trekker, bearing registration No. ORX 5417, and while the said trekker had reached near village, Dhirapur, another trekker, bearing registration No. ORX 5067, came from the opposite direction and grazed against the right side of the trekker which was carrying the claimant -respondent No. 1. Respondent No. 1 who was occupying a seat on the right side sustained serious injuries and the femur bones on both of his legs were fractured. He was taken to the hospital for treatment and, finally he was shifted to District Headquarters Hospital, Puri, where he remained as an indoor patient for three months. From Puri he was shifted for further treatment to clatpur. Notwithstanding the fact that all efforts were made, he was not fully cured. He then filed an application claiming compensation to the tune of Rs. 1,00,000 alleging that both the vehicles were being driven rashly and negligently. The owners of both the vehicles and the insurer were made parties.

(2.) THE stand of the owners as well as the insurer is that the vehicle had not been registered as a contract carriage or stage carriage and, therefore, no passenger could be carried in them on payment of charges. The insurer further took the stand that the vehicle had not been insured with it.

(3.) SO far as the quantum of compensation is concerned, the learned Tribunal, on consideration of the entire material, determined the same at Rs. 60,000. It is this order of the Tribunal which is being assailed in this appeal.