ORIENTAL INSURANCE CO. LTD. Vs. KUMARI MOHANTY

JUDGEMENT

(1.) This appeal is directed against the award dated 10th February, 1999 passed by the learned 2nd Motor Accident Claims Tribunal (SD), Berhampur in MAC No. 207/97(471/96).

(2.) The appellant-Insurance Company challenges the impugned award on the ground that the death was not caused due to motor vehicle accident and instead, it was a case of falling down from the roof as a result of which the deceased succumbed to injuries and fraud had been played by suppressing the truth. To consider the said allegations made by the appellant, the facts as taken into consideration by the Tribunal on the evidence adduced by the claimants are to be considered which are as follows:

(3.) Respondent nos. 1 to 4 are the claimants before the Tribunal. Respondent no. 5 is the owner of the offending Scooter bearing registration number OR-07-B-0968. In the claim application, the claimants specifically stated that on 24.6.1996 at about 6 P.M. while the deceased was going to Kamapalli Market on the left side of the road, the accident took place in front of Bata show-room. The offending vehicle being driven in a rash and negligent manner caused the accident from the back side of the deceased for which he sustained severe injuries. He was taken to M.K.C.G. Medical College and Hospital, Berhampur and then he was referred to S.C.B. Medical College and Hospital, Cuttack. The injured succumbed to the injuries on 25.6.1996. The deceased was working as a Mason and earning Rs. 60/- per day. He was also getting Rs. 10/- daily as Watchman. Since the claimants were depending on the deceased, they claimed compensation of Rs. 4 lacs.