ORIENTAL INSURANCE CO LTD Vs. MOCHIRAM SAHOO

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 04.09.2007 passed by learned 3rd Motor Accident Claims Tribunal, Bhubaneswar (for short "the Tribunal") in Misc. Case No. 416 of 1997

(2.) THE case of the claimants before the Tribunal is that on 15.09.1997 while the deceased along with her family members and other co -passengers was returning to her village by a Tata Sumo bearing registration No. OR -02 -F -0222, the said vehicle dashed against a truck bearing registration No. WMO -98 which was coming from opposite direction. In the said accident, the deceased sustained severe injuries. After the accident, the deceased was shifted to Tangi Hospital for treatment. From Tangi Hospital while she was taken to S.C.B., Medical College and Hospital, Cuttack for better treatment, she succumbed to the said injuries. The police registered an accident case against the driver of the offending truck. The further case of the claimants is that the accident took place due to rash and negligent driving by drivers of both the vehicles. The deceased was aged about 17 years and a student of Class -X. In her leisure time, the deceased along with her sister was doing stitching of the dress materials of villagers and was earning Rs. 300/ - per month. Out of this profit, the deceased was contributing towards maintenance of the family. The deceased was a goods student and in the year of accident she was to appear at the Board examination. Her future was to be a Nurse. With the above averments, the claim petition was filed claiming compensation of Rs. 2,00,000/ -

(3.) BOTH the owners of the vehicles involved in the accident did not contest the case. They were set ex parte. Both the insurers of the offending vehicles contested the case by filing separate written statements denying almost all the material facts alleged in the claim petition. They have denied their knowledge about the validity of the Insurance Policies and driving licences of drivers of respective vehicle and prayed for dismissal of the claim petition.