ORIENTAL INSURANCE COMPANY LTD Vs. SASWATI SAHU

JUDGEMENT

(1.) I have heard Ms. Pami Rath learned counsel for the appellant- insurance company and Mr. S.B. Das learned counsel for the Respondents No 1 to 3- claimants in MACA No. 840 of 2014. Respondents No. 1 to 3 -claimants in MACA No. 840 of 2014 are the appellants and the insurance Company is respondent No. 3 in MACA No.240 of 2014 and they are represented by the same set of counsels. However Respondents No. 1 and 2 in M.A.C.A. No. 240 of 2014 have entered appearance through their counsel.

(2.) The two appeals were heard together as they challenge the same judgment .MACA No.840 of 2014 has been preferred by the Oriental Insurance Company challenging the judgment/award dtd. 30/4/2013 passed by the learned 2nd A.D.J.-cum- M.A.C.T., Cuttack in M.A.C. No.84 of 2009 on various grounds and MACA No 240 of 2014 has been filed by the claimants for enhancement of the compensation awarded to them . The learned Tribunal has awarded Rs.17,58,864.00 as compensation to the claimants with interest of 6 % from the date of application i.e 18/2/2009 .

(3.) The case of the claimants is that on 22/10/2008 at about 3.20 pm, while the deceased was proceeding from Cuttack side towards Chandikhol on a motor cycle, near Ganthi Chhak in Jajpur District, a pickup van bearing registration No.OR- 05 AB 5332 being driven in a rash and negligent manner hit the motorcycle from behind as a result of which the motorcycle dashed against the stationary truck bearing registration number ORM 9057 and sustained injuries which proved to be fatal . A home guard lodged an FIR at the Barchana Police Station stating that the accident was due to the fault of the motorcycle rider but after completion of investigation, police submitted chargesheet against the driver of the pick up truck and under Ss. 279/304 A I.P.C. The claimants have however alleged negligence of the drivers of both the vehicles and claimed compensation of Rs.20.00 lakhs from the respective registered owners and the insurers of both the vehicles stating that the deceased was aged about 34 years and working as fire operator in the office of the Joint Director, Aviation Reasearch Centre , DG ( Security), Charbatia at the time of occurrence.