ORIENTAL INSURANCE CO. LTD. AND UNITED INDIA INSURANCE CO. LTD. Vs. ORISSA INDUSTRIAL INFRASTRUCTURE DEVELOPMENT CORPORATION AND ORS. AND SMT. PADMINI BAKSHI

JUDGEMENT

(1.) Both these appeals arise out of a common judgment of the Second M.A.C.T. (N.D..), Sambatpur with the consent of the learned counsel for both sides, they are heard together and disposed of by this common judgment.

(2.) IN Misc. Appeal No. 309 of 1999, the Oriental Insurance Co. Ltd. the insurer is the appellant and in M.A. No. 315 of 1999, the United India Insurance Co. Ltd. the insurer is the appellant.

(3.) THE brief facts leading to these appeals as revealed from the judgment of the Second Motor Accidents Claims Tribunal (N.D.), Sambalpur is that on 7/8.7.1995 at about 2 A.M., the son of the claimant, Biswajit Bakshi, was returning from Angul in a Tata -Mobile vehicle bearing No. ORO -2 -23 II having temporary registration No. NH 12/0724 . He had been to Angul in a marriage party being called for the purpose of video recording of the marriage ceremony. On his way back home along with others, at Sambalpur the vehicle in which he was travelling ramed in the rear portion of a stationery truck bearing registration No. ORS 8660, parked on the main road, resulting in the death of the deceased Biswajit Bakshi. The deceased was sitting on the front seat of the vehicle and according to the claimant, the truck was parked in the middle of the road in front of Dhaba without switching on the parking light. The Tata Mobile belonged to the Orissa Industrial Infrastructure Development Corporation (IDCO). The respondent No. 3 was the owner of the Truck. The claim application was filed before the Second Motor Accident Claims Tribunal (N.D.), Sambalpur by the mother of the deceased alleging that the drivers of the both the vehicles were negligent, for which the owners and insurers of both the vehicles were impleaded as opposite parties before the Tribunal. It was pleaded that the owners and insurers of both the vehicles were jointly and severally liable to pay compensation.