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1989 Supreme(Ori) 192

K.P.MOHAPATRA
BRAJA KISHORE SAHU – Appellant
Versus
PARAM JYOTI SINHA – Respondent


Advocates Appeared:
Kishore Jena, for the Appellant; Madan Mohan Das, for the Respondent

JUDGMENT :

K.P. Mohapatra, J. - The appellant has challenged the order of compromise dated 6.12.1987 passed by the Second Motor Accidents Claims Tribunal (referred to as 'the Tribunal') making an award of Rs. 12,000/- as compensation in favour of the appellant.

2. Facts may be stated in brief. The appellant was aged 15 years studying in the High School. He was involved in an accident which took place on 16.5.1985 on the road which runs between Paradip and Cuttack near village Barti caused by a motor car belonging to respondent No. 1 and insured with respondent No. 2. As a result of the accident, he suffered injuries and underwent prolonged treatment as an indoor patient at the S.C.B. Medical College Hospital, Cuttack. He filed the petition before the Tribunal u/s 110-A of the Motor Vehicles Act, (referred to as 'the Act') through his father guardian claiming compensation of a sum of Rs. 40,000/- for mental shock, loss of study, medical expenses and loss of all hopes for leading a normal life. The respondents filed written statements denying the appellant's claim. In due course the case was posted for hearing to 1.12.1987. On that day the parties were not ready and the counsel for the
























































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