S.C.MOHAPATRA
GOVIND NAYAK – Appellant
Versus
SHYAM SUNDAR SONI – Respondent
JUDGMENT :
S.C. Mohapatra, J. - Being dissatisfied with the compsnsation of Rs. 23,000/- awarded by the Tribunal against the claim of Rs. 40,000/- under the Motor Vehicles Act, 1939 (in short 'the Act'), the injured claimant has preferred this appeal u/s 110-D of the Act.
2. Claimant was the helper of the truck bearing registration No. ORU 3697 and it is not in dispute that he was a workman. While moving in the truck on 4-5-1979 at about 9 p.m. the truck met with an accident. On account of the accident of the truck the claimant sustained injuries resulting in amputation of his right leg below the knee joint leaving a stump. Out of the claim of Rs. 40,000/-, the medical expenses incurred were said to be Rs. 5,000/-.
3. Mr. D. Satpathy, the learned Counsel for the appellant, submitted that the complete loss of earning capacity of the youngman aged 25 years who was getting monthly salary of Rs. 300/- with daily allowance of Rs. 5/- is grossly inadequate in the circumstances of this case. Mr. D.P. Parija, the learned Counsel for the owner respondent and Mr. S.S. Basu, the learned Counsel for the insurer respondent, submitted that the Tribunal has liberally awarded compensation which shoul
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