BRAJA KISHORE SAHU Vs. PARAM JYOTI SINHA

JUDGEMENT

(1.) THE appellant has challenged the order of compromise dated 6.12.1987 passed by the Second Motor Accidents Claims Tribunal (referred to as 'the Tribunal') making an award of Rs. 12,000/ - as compensation in favour of the appellant.

(2.) FACTS may be stated in brief. The appellant was aged 15 years studying in the High School. He was involved in an accident which took place on 16.5.1985 on the road which runs between Paradip and Cuttack near village Barti caused by a motor car belonging to respondent No. 1 and insured with respondent No. 2. As a result of the accident, he suffered injuries and underwent prolonged treatment as an indoor patient at the S.C.B. Medical College Hospital, Cuttack. He filed the petition before the Tribunal under Section 110 -A of the Motor Vehicles Act, (referred to as 'the Act') through his father guardian claiming compensation of a sum of Rs. 40,000/ - for mental shock, loss of study, medical expenses and loss of all hopes for leading a normal life. The respondents filed written statements denying the appellant's claim. In due course the case was posted for hearing to 1.12.1987. On that day the parties were not ready and the counsel for the appellant, Mr. S.K. Mohanty, applied for adjournment which was allowed and the hearing of the case was adjourned to 25.3.1988. On the same day a petition for compromise was filed before the Tribunal the text of which is quoted below:

(3.) THE petition was not signed by the appellant nor by his father guardian. It was placed before the Tribunal on 6.12.1987 although as earlier stated the case was posted for hearing to 25.3.1988. The Tribunal passed the following order: Misc. Case No. 252 of 1985 The counsel for the petitioner filed a petition for reducing the claim amount to Rs. 15,000/ -. Heard. Prayer is allowed. Record is put up today consequent upon a compromise arrived at in the Lok Adalat and duly signed by the parties and their counsel. The terms being read over and explained, are admitted to be correct by them. The compromise is recorded and O.P. Oriental Insurance Company Ltd. is directed to pay Rs. 12,000/ - to the petitioner Braja Kishore Sahu within two months hence. The compensation when realised be kept in shape of unencumbrable fixed deposit for a term of 5 years in a scheduled bank for the benefit of interest. Sd/ - Illegible 6.12.1987 Second Motor Accidents Claims Tribunal