LAWS(ORI)-2010-10-38

ANITA CHAND Vs. MANAS RANJAN MOHAPATRA

Decided On October 28, 2010
Anita Chand and Ors. Appellant
V/S
Manas Ranjan Mohapatra and Anr. Respondents

JUDGEMENT

(1.) THE Appellants have challenged the award dated 7.4.2009 passed by the Second Additional District Judge -cum -MACT, Cuttack in MAC No. 587 of 2005 dismissing the claim application filed by them. The facts, leading to the present appeal, are as follows:

(2.) RESPONDENT No. 2 - Insurance Company after receipt of notice appeared in the case & filed its written statement admitting the fact of accident. However, it took a plea that the accident was not caused due to fault of the driver of the offending vehicle & the vehicle was not involved in the accident. The claimants filed the claim application & falsely involved the vehicle in connivance with the local police.

(3.) THE Tribunal on the above pleadings framed four issues which are as follows: