JUDGMENT :

S.C. Mohapatra, J. - This is an appeal u/s 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the 'Act') by the owner of a jeep bearing registration No. OSC 5336.

2. On 2-6-1984, a jeep of State of Orissa, was being driven on the National High Way No. 5, when the claimant was coming in a motor cycle as a pillion rider from Cuttack to Bhubaneswar. There was collision resulting injuries of fractures of left leg of the claimant. He has to undergo treatment and even on the date of taking evidence in the claim case before the Tribunal the Doctor who was treating the claimant certified that he had not been, fully crued. In that background, the Tribunal has assessed the just compensation to be Rs. 20,000/- as claimed. Aggrieved by the award, this appeal has been filed by the owner of the vehicle.

3. The accident is not in dispute. Mr. D.P. Sahu, the learned Stan ding Counsel tried to impress on me that the driver of the jeep had no fault since the vehicle was coming from the embankment road and all the blame was to be put on the driver of the motor cycle against whom no compensation has been claimed. In nutshell, the appellant claimed no negligence of its driver and