Orissa Court June 1998 Judgments

G. Krishna Rao Dora Vs. Surjyanarayan Patra and anr.

Court: Orissa

Reported in: I(1999)ACC109; 2000ACJ1550; 86(1998)CLT735

P.K. Misra, J. 1. In this appeal under Section 173 of the Motor Vehicles Act, the owner has challenged the award passed by the Claims Tribunal awarding a sum of Rs. 12,000 in favour of the claimant-respondent No. 1.2. It is claimed that on 24.9.1991 at about 9 a.m., the offending vehicle, a mini bus bearing registration No. OSG 6167 belonging to the present appellant dashed against the claimant who was standing on the road with his cycle. As a result of such accident, the claimant sustained injuries. Claim application was filed claiming Rs. 50,000 as compensation.The appellant did not contest the case and was set ex parte. The insurance company (present respondent No. 2) filed the written statement disowning the liability and denying the allegations made in the claim petition.3. The Claims Tribunal on consideration of the evidence on record held that the accident occurred due to rash and negligent driving of the driver of the mini bus. It further found that the claimant was entitled to...