S. Acharya, J. - (1.)OPPOSITE party No. 1, the owner of the truck involved in the accident in question, has preferred Miscellaneous Appeal No. 214 a: 1973, and opposite party No. 2, the Insurance Company, in which the trucking question had been insured for the relevant period has preferred Miscellaneous Appeal No. 3 of 1974, both against the award passed by the Second Motor Accidents Claims Tribunal, Cuttack in Misc. Case No. 3/73. Both the appeals were heard analogously as per the order of this Court dated 23.1.74 in Miscellaneous Appeal No. 214 of 1973.
(2.)THE claimant is an I.P.S. Officer, and at the relevant time be was posted as the Superintendent of Police, Railways, Orissa. According to him on 12. 11. 71 he was going from Cuttack to Berhampur in his car ORC 1234 and he was himself driving his car. At a place near village Damonda on the National Highway between Bhubaneswar and Khurda the claimant saw that the truck bearing No. APS 635 was coming from the opposite direction at a very high speed with load on it. As the truck was moving right in the middle of the road the claimant signaled the truck from a distance to go a little to its left, but the driver of the truck did not care for the said signal.
When the claimants, car came near the truck, it (the truck) suddenly swerved to its right as a result of which it dashed against the claimants' car due to which the claimants car was tossed out of the road and it fell in the vacant land about 25 feet away from the road. Due to the said accident the claimant was thrown out of his car, lost his senses and sustained various grievous and simple injuries on his person, with the result that he was hospitalised in the S.C.B. Medical College Hospital, Cuttack for a long time.

Some of the injuries sustained by him in the said accident disabled and crippled him permanently, and he had to be operated upon in the said hospital. Even after his discharge from the said hospital he had to undergo treatment for the injuries sustained by him and had to remain on medical leave for a long time. Due to all that he not only suffered physical pain but had to pass through terrible mental agony, and had to spend lot of money for his treatment. The claimant was a very active and healthy man with prominent record in sports and games, but because of the said accident he became weak and invalid to pursue his interest in sports and games and could not perform his duties as a police officer in a very efficient manner. His longevity too was adversely affected on account of the said accident.

Towards compensation for bodily injury and incidental expenses and loss the claimant has claimed Rs. 30,000/ - and for the damage caused to his car and loss of T. A. he has claimed Rs. 10,000/ -.

According to opposite party No. 1, the owner of the vehicle (the Appellant in Misc. appeal No. 214/73), the truck was moving at a reasonable speed, and the driver in driving the same was neither rash nor negligent in any manner. The claimant was driving his car rather very fast and in a rash and negligent manner, and he alone was entirely responsible for the said accident. At the place and time of the accident the truck was moving on its extreme left of the road, and the claimants' car coming at a high speed from the opposite direction dashed against the truck. It is stated that claimant has not become invalid due to the said accident, and his longevity has not at all been affected. All the allegation made by the claimant against the truck driver have been denied, and the claimant has been asked to prove the same.

(3.)OPPOSITE party No. 2, the Insurance Company (the Appellant in Misc. Appeal No. 3 of 1974) in its written statement has similarly denied all the claimants' allegations, and has supported the case put forward by opposite party No. 1. It also states that the claims for compensation on the different heads are excessive.