GURU CHARAN PATTNAIK Vs. BIJAY KUMAR PATTNAIK

JUDGEMENT

(1.) This appeal is directed against the impugned award dated 3rd September, 1999 passed in Misc. Case Nos. 92/90 & 173/90 by the Second Motor Accident Claims Tribunal, Cuttack (for short, "the Tribunal").

(2.) The case of the claimants before the Tribunal was that on 5.11.1989 at about 4 A.M. the deceased Janak Ranjan Pattnaik was standing near Somapur Bazar on Cuttack-Paradip road waiting for arrival of his fish in mini truck bearing registration No. OIU-2483.The offending mini truck coming from Paradip side lost its balance at the place of accident & suddenly swerved to its extreme right & ran over the deceased causing instantaneous death & capsized in Taladanda canal. At the time of death the age of the deceased was 28 years & he was earning Rs. 3,000 per month. With these averments, the claimants filed claim petition before the Tribunal claiming compensation of Rs. 2,06,000.

(3.) Opp. Party-Respondent No. 1 the owner of the offending vehicle entered appearance & filed written statement almost admitting the case of the claimants-Petitioners. It was averred that the mini truck was duly insured with Respondent-Opp. Party No. 2 M/s. Oriental Insurance Company Ltd., Link Road, Cuttack, covering the date of accident bearing Policy No. 31515/6/604/MV/84/89/Comp. valid from 13.1.1989 to 12.1.1990 & the Insurance Company was liable to pay the compensation amount on his behalf, if any.