- (1.) THIS first appeal is at the instance of the General Manager, Orissa State road Transport Corporation, the owner of the one of the vehicles involved in the accident and is directed against the award dated 10th September, 1996 passed by the Additional District Judge and Motor Accident Claims Tribunal, Midnapore in m. A. C. Case No. 189 of 1993 thereby allowing an application under Section 166 of the Motor Vehicles Act filed by the respondent by directing the appellant to pay a sum of Rs. 5,00,000. 00 to the claimant as compensation for the permanent disablement caused to him.
(2.) THE case made out by the claimant was that on 13th October, 1992, while he was coming from Keonjhar, Orissa to Calcutta for his business work on a bus owned by the appellant, at about 3:30 hrs. on 14th October, 1992, it met with an accident on the National Highway-6 with a truck, being No. AMU 1562, coming from the opposite direction. According to the claimant, both the bus and the truck were running at a high speed and due to the rash and negligent driving of the drivers of the both, the bus and the truck, the accident occurred, as a result, the claimant sustained head injuries. He was taken to various hospitals and nursing homes in course of next few months and the damaged frontal portion of the bone of the head of the claimant had been removed resulting in permanent disablement.
(3.) IN the claim-application, both the owner of the vehicles and the insurer of the truck were made parties. The suit was contested by the appellant and the Insurer of the truck but the owner of the truck did not contest the proceedings.;