JUDGMENT :

S.K. Ray, J. - This appeal is by opposite party No. 2 who is the Orissa Co-operative Insurance Society Limited in a claim case filed by the claimant-Respondent No. 1 u/s 110A of the Motor Vehicles Act before the Motor Accident Claims Tribunal. The claimant was working as a Khalasi in a truck bearing registration No. O.R.U. 1918 belonging to one Lingaraj Patnaik of Bhubaneswai This truck met with an accident on 30-8-71 as a result of which the occupants of the vehicle were seriously injured including the claimant. Ultimately one of his legs had to be amputated. The Tribunal awarded compensation of Rs. 6,000/- to the claimant which was made payable both by the truck owner as well as by the Insurance Company. He also awarded interest at the rate of 6 per cent per annum on the principal amount of Rs. 6,000/-.

2. The truck had been insured by the Appellant, but the insurance policy covered liability which may be incurred in respect of death or bodily injury to a third party caused by or arising out of the use of the truck in a public place. In other words, this policy covered only third party risks and is called an 'Act Policy'.

3. The Appellant took various defence in the claim