JUDGMENT :

G.B. Pattnaik, J. - This appeal is against the decision of the Second Motor Accidents Claims Tribunal and claimant is the appellant.

2. The short question that arises for consideration in this appeal is whether the Tribunal has jurisdiction to award compensation more than the amount claimed by the claimant. The answer to the aforesaid question depends upon a true and correct interpretation of the provisions of Section 110-B of the Motor Vehicles Act, 1939 (hereinafter referred to as the "Act").

3. The case of the claimant is that he was going in the bus bearing registration number ORB 2520 as its Conductor on 27-2-1980. The said vehicle went off the road and capsized at village Sarang near Soro at about 11.20 A. M. On account of such accident the left leg and the hand of the claimant got fractured and the accident occurred on account of rash and negligent driving of the driver of the vehicle. The claimant was then shifted to the hospital at Bhadrak and from there he was shifted to the S. C. B. Medical College Hospital, Cuttack, but the incapacity of the claimant remained and there is no prospect of any future earning. He was 24 years, old at the time of accident and was get