KHIROD KUMAR MISHRA Vs. RAMESH CHANDRA BISWAL

JUDGEMENT

(1.) Whether on the facts and circumstances of the case the consolidated compensation of Rs.15,000/- granted in favour of the appellant is the just award? -this is the just point which arises for consideration in this appeal. The appellant claims that for the injuries sustained by him on account of the accident the amount of Rs. 15,000/- is wholly inadequate whereas the respondent-insurer asserts that the amount awarded by the Tribunal is commensurate with the injuries sustained and the sufferings undergone by the appellant.

(2.) On 6-7-1981 the appellant while he was going on his bicycle by the left flank of the road from Panikoili side towards Bhadrak, near Barikpur on the National Highway No. 5, the offending van bearing registration number O.S.C. 8509 belonging to respondent No. l and insured with respondent No. 2 came in a high speed without blowing any horn from back side and dashed against the bicycle of the appellant as a result of which he was thrown away from his bicycle and fell down severely injured. The appellant was removed to the Bhadrak hospital for treatment and from there he was removed to the S.C.B. Medical College and Hospital, Cuttack for further treatment. Alleging that the accident took place on account of rash and negligent driving of the driver of the offending van and on account of the injury, he became permanently disabled, the appellant filed an application claiming compensation of Rs. 50,000/-. The respondents contested the case by filing separate written statements denying the averments made in the claim application.

(3.) The claimant was examined as P.W. 2. P.W. 1 was an eye-witness to the occurrence. P.Ws.3 and 4 are the two doctors under whom the appellant was under treatment in' S.C.B. Medical College and Hospital, Cuttack. On the basis of the evidence, the Tribunal held that the accident took place due to the rash and negligent driving of the offending van resulting in injuries to the appellant and accordingly granted a consolidated compensation of Rs. 15,000/- with interest at the rate of 6% per annum from the date of application, i.e., 18-11-1982 till payment. The insurer respondent No. 2 has been saddled with the entire liability.