NEW INDIA ASSURANCE CO. LTD. Vs. KAHNU CHARAN SAHU AND ANR.
LAWS(ORI)-1976-4-8
HIGH COURT OF ORISSA
Decided on April 07,1976

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
Kahnu Charan Sahu Respondents


Referred Judgements :-

SITARAM MOTILAL KALAL VS. SANTANUPRASAD JAISHANKER BHATT [REFERRED TO]
S K DEVI VS. UTTAM BHOI [REFERRED TO]



Cited Judgements :-

LACHIYABAI VS. DARSHAN SINGH [LAWS(MPH)-1987-12-3] [REFERRED TO]


JUDGEMENT

S. Acharya, J. - (1.)THE insurer of the vehicle, opposite party No. 2 before the Tribunal, has preferred this appeal.
(2.)KAHNU Charan Sahu, Respondent No. / in this appeal, who was injured in the accident, preferred a claim for compensation of Rs. 50,000/ - under Section 110 -A of the Motor Vehicles Act (hereinafter referred to as the 'Act'). According to the claimant, on 15.10.72 he was traveling on a bicycle on the Athgarh -Narsinghpur road on the extreme left side of the road when the jeep O.R.C. 2901 belonging to M/s. Eastern Silk Manufacturing Co. (P) Ltd. (Respondent No. 2 in this appeal) dashed against the claimant. The said accident happened due to the rash and negligent driving of the jeep, and due to the said accident the claimant was injured and ultimately his right leg was amputated below the hip in the S.C.B. Medical College Hospital, Cuttack.
The claim was contested by the owner of the vehicle (R. 2) and the insurer, the Appellant in this appeal.

(3.)ON the averments made and the questions raised by the parties in the proceeding, the court below on a discussion and consideration of the evidence and materials on record has arrived at the findings that Sk. Samir, the authorised driver of the jeep, was actually driving the jeep in question ; that the insurance company has to bear the liability covered by the terms of the policy ; that the claimant was working as a mason prior to the accident; and that because of the accident his right leg had to be amputated and with the artificial leg given to him he cannot do the work of a mason in the manner he was doing that job previously. On account of expenses for the claimant's treatment, the cost of the artificial leg supplied to him and the cost of his cycle damaged in the said accident, the court has assessed compensation at Rs. 1,895. On account of the claimant's loss of income due to the disability caused to him due to the accident, the court has fixed compensation of Rs. 12,000/ -. after making the usual discount on account of lump sum payment of the compensation amount. The total compensation has thus been assessed at Rs. 13,895/ - and the insurance company, the Appellant herein, has been directed to pay that amount with interest at the rate of 6 per cent per annum to be calculated from the date of the application till the date of payment. A cost of Rs. 150/ - has also been awarded in favour of the claimant.


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