NEELMANI KUSUM TOPPO Vs. BRIJ MOHAN DAS MAHANT

JUDGEMENT

(1.) These are two appeals under Section 173 of the Motor Vehicles Act against the award dated 28.02.2012 passed by the Additional Motor Accident Claims Tribunal, Sarangarh, (in short the Tribunal) in Claim Case No.10/2010. Vide the impugned award, the Tribunal has awarded compensation of Rs.90,000/-along with interest @ 6 percent per annum from the date of application. While passing the impugned award, the Tribunal has exonerated the insurance company and has fastened the liability upon the owner and driver of the offending vehicle.

(2.) MAC No. 460 of 20012 has been filed by the owner whereas, MAC No.532 of 2012 has been filed by the claimants seeking enhancement of compensation.

(3.) So far as owner's appeal is concerned, he has questioned the liability which has been fastened upon it only on the ground that the driver of the offending vehicle was found to be under the influence of the Alcohol. The contention of the owner is that the insurance company has not been able to establish before the Tribunal by leading cogent evidence that the driver of the offending vehicle was in such a condition that he was not able to drive the vehicle properly. Since reliance has been made on the report of the Station House Officer who has said that from the breath of driver smell of Alcohol was found.