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2003 Supreme(Ori) 240

P.K.BALASUBRAMANYAN, A.S.NAIDU
DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD – Appellant
Versus
GOKULA MOHARANA – Respondent


Advocates Appeared:
A.K.MOHANTY, A.K.RATH, B.N.RATH, D.Mangaraj, M.K.PANDA, S.C.MISHRA

BALASUBRAMANYAN, C. J.

( 1 ) THIS appeal has been filed by the insurance company. The insurance company had insured the bus bearing registration No. OSP 2081 belonging to respondent No. 2 herein. In an accident that occurred, respondent No. 1 suffered injuries. He thereupon approached the Motor Accidents Claims Tribunal, Puri, with Misc. Case No. 654 of 1989 claiming that he had suffered injuries in the accident and that he was entitled to compensation of Rs. 60,000. As usual in this case also, the owner of the vehicle, respondent No. 2 herein remained ex pane. The insurance company filed a written statement contesting the claim. It disputed the liability. The insurance company also sought permission to take all defences available, in case the owner of the vehicle did not contest the proceeding. The compensation claimed was contended to be highly exaggerated and arbitrary. The Tribunal had raised the necessary issues. On behalf of claimant, two witnesses were examined as PWs 1 and 2. No one was examined on behalf of the insurance company. The documents produced on behalf of the claimant were marked Exhs. 1 to 6. The Tribunal held that respondent No. 1 herein suffered injuries due






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