NEW INDIA ASSURANCE CO LTD Vs. NASIM KHAN

JUDGEMENT

(1.) Insurer is the appellant in these two appeals. One appeal is against the order refusing to set aside the ex parte award and the other is against the ex parte award itself.

(2.) Respondents Nos. 1 to 6 are the claimants. Respondents Nos.1 and 2 are the parents of the deceased, Respondent No. 3 is his widow and Respondents Nos. 4 and 5 are the minor children. Their case is that on 17-7-1987 at about 8.30 p.m. while deceased was returning from Brundaban Talkies in his cycle, motor cycle bearing registration No. OAU 3709 belonging to respondent No. 7 caused accident with the deceased resulting in fatal injuries sustained by him. Deceased was treated in the Neuro Surgical Ward of S.C.B. Medical College Hospital, Cuttack till 25-7-1987 when he succumbed to the injuries. Originally, claim was for compensation of Rs. 90,000 / - but the same has been amended and enhanced to Rs. 1,90,000/-.

(3.) Respondent No. 1 denied the facts stated in the claim petition and his liability. However, he did not dispute that he was insured with the appellant in respect of his motor cycle. Insurer did not appear to contest.