ORIENTAL INSURANCE CO LTD Vs. DOLABATI HATI

JUDGEMENT

(1.) The award dated 09.01.2015 passed by the learned A.D.J.-cum-3rd M.A.C.T., Bargarh (hereinafter, in short, called "the Tribunal") in M.A.C. No. 86/19/80 of 2011-14 has been assailed by the appellant-the Oriental Insurance Co. Ltd. (hereafter referred to as the "Insurance Company") in the present appeal.

(2.) Heard Mr. P.R. Sinha, learned counsel on behalf of the appellant and Mr. S.K. Acharya, learned counsel on behalf of the respondents 1 to 5.

(3.) The facts giving rise to this petition in brief are that, the aforesaid claim petition under Section 166 of the M.V. Act was filed by the present respondent Nos. 1 to 5 before the learned Tribunal claiming that the deceased Kamala Kanta @ Agadhu Hati died in a motor vehicle accident on 11.05.2011 pertaining to Dunguripali P.S. Case No. 56 dated 11.05.2011 corresponding to GR Case No. 72 of 2011 of the Court of learned J.M.F.C., S. Rampur. It was pleaded that the deceased was a labourer in the accused vehicle, which was a tractor attached with trolley and while the said vehicle was transporting sand by the direction of the owner, the respondent No.6 herein, for construction of his paddy go-down, due to rash and negligent driving of the driver the vehicle was capsized to the roadside over the deceased resulting death of the deceased. The petitioners before the Tribunal are the parents, two brothers and one sister of the deceased. The deceased was unmarried and a young man aged 24 years at the time of death.