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2011 Supreme(Ori) 369

V.GOPALA GOWDA
Tulsi Prasad Agarwala – Appellant
Versus
Narayan Das – Respondent


Advocates appeared:
For Appellant : M/s. U.C. Behura and M.K. Swain
For Respondents:M/s. P. Roy, S. Roy and A.A. Khan for respondent No.2.

JUDGMENT

GOPALA GOWDA, C.J. – This Miscellaneous Appeal against the order dated 9th December, 2011 passed by the Second Motor Accident Claims Tribunal, Sambalpur in Misc. (A) Case No.69 of 1992 (SN), is filed by the injured in a motor vehicle accident that took place on 7.11.1991 at about 10.30 P.M. on the over-bridge of Vedvyas-Panposh Main Road, seeking for enhancement of compensation at Rs. 1.65 lakhs with interest, urging various facts and legal grounds.

2. The brief fact is that the claimant-injured was returning from Vedyas to Rourkela with his friends in a scooter bearing registration number OIS 6609 on 7.11.1991 at about 10.20 P.M. When they reached the overbridge of Brahmani tarang, the offending truck OSO 443 came from the opposite side being driven in a rash and negligent manner, and dashed against the scooter. The claimant being pillion rider, fell down from the scooter and another rider died on the spot. He sustained multiple injuries on his leg and body and became unconscious. He was admitted in the I.G.H. as an indoor patient and was discharged on 30.12.1991. He also remained under treatment of Senior Specialist of Orthopaedic. Operation was conducted on his leg. Graft











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