NATIONAL INSURANCE COMPANY LTD. Vs. SABITA BARIK

JUDGEMENT

(1.) The Insurance Company has preferred this appeal against the Judgment dated 18.07.2009 passed by the 1 st . Motor Accident Claims Tribunal, Dhenkanal in M.A.C. Case No. 140 of 2002.

(2.) The claimants' case in a nut shell before the Tribunal is that on 31.10.2001 at about 10 P.M. while deceased-Ajaya Barik was going towards Dhenkanal on his scooter bearing Registration No.DL/35/J/1773, at Dhumabati Deity's temple located by the side of NH 42, a truck bearing Registration No.OAX 5859 being driven in a rash and negligent manner by its driver dashed against the scooter of the deceased from his back side. As a result of such accident, the deceased sustained serious injuries on his body and died at the spot. At the timeof death, the deceased was 29 years old and was getting a sum of Rs.6,000/- (rupees six thousand) per month towards his salary. Before the Tribunal, opposite party No1-owner of the vehicle did not contest the case for which he was set ex parte. Opposite party No.2-Insurance Company, in its written statement inter alia stated that due to negligence of the deceased, the accident took place and the driver of the offending truck had no valid and effective Driving Licence at the time of such accident and therefore, the Insurer is not liable to indemnify the owner of the vehicle.

(3.) On the basis of the pleadings of the parties, the Tribunal has framed the following four issues: