Orissa Court July 1992 Judgments

Banamali Sahu Vs. Golak Chandra Naik and ors.

Court: Orissa

Reported in: I(1993)ACC579; 1994ACJ102

A. Pasayat, J.1. An award of the learned Second Motor Accidents Claims Tribunal, Cuttack (in short, 'the Tribunal') is assailed in this appeal under Section 110-D of the Motor Vehicles Act, 1939 (in short, 'the said Act').2. The appellant suffered injuries in an accident on 5.1.1982. According to the case of the claimant, two trucks bearing registration Nos. ORM 1163 and OSC 9761 were driven in a very negligent manner. Suddenly the first vehicle moved to the left side and dashed against the claimant from his back side as a result of which he sustained severe injuries on his head, face and other parts of the body. He had to undergo treatment at the hospital. The claim lodged by the claimant was for Rs. 80,000/-. The insurer of both the vehicles was New India Assurance Co. Ltd. (hereinafter referred to as 'the insurer'). The owners of both the vehicles were impleaded in the claim application before the Tribunal. The Tribunal held that the claimant had suffered several injuries and was en...