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Judgment
B. P. Routray, J
Heard Mr.Rath, learned counsel for the Claimant-Appellant and Mr.Dutta, learned counsel for Respondent No.2-Insurer of the Tata Sumo as well as Mr.Swain, learned counsel for Respondent No.4-Insurer of the Truck.
The Appellant filed the claim application on account of his injuries sustained in the motor vehicular accident on 1st December, 2013. His case is that while he was travelling in the Tata Sumo bearing Registration No.OR07F-1645, it dashed against a truck bearing Registration No.OR05J-8852 being driven in rash and negligent manner by drivers of both vehicles. In the accident he sustained compound fracture of right leg and undergone treatment in SCB Medical College and Hospital, Cuttack and MKCG Medical College and Hospital, Berhampur for the period from 1.12.2003 to 7.12.2003 and 26.12.2003 to 17.2.2004 respectively.
The learned Tribunal without disbelieving the nature of injuries and his period of treatment has granted compensation to the tune of Rs.20,000/- in total to be apportioned in the ratio of 30:70 by Respondent Nos.2 and 4.
Having heard learned counsel for the parties and considering the nature of injuries coupled with the injury report and discharge certificates that the Appellant suffered fracture at upper end of right tibia and he has undergone operation for the same, in my opinion, the compensation awarded by the learned Tribunal is found meager. Taking note of all those factors, the compensation is enhanced to Rs.1,00,000/-. So the differential amount comes to Rs.80,000/- and calculating the interest @6% per annum over the same, both the Insurance Companies i.e., Respondent Nos.2 & 4 are directed to pay further consolidated amount of Rs.1,61,600/-jointly in the ratio of 30:70 to the claimant within a period of eight weeks from today.
Accordingly, the appeal is disposed of.
It goes without saying that the right of recovery granted in favour of Respondent Nos.2 & 4 shall remain unaltered in terms of the direction of the learned Tribunal.
Urgent certified copy of this order be granted on proper application.
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