GUREIDEI Vs. NATIONAL INSURANCE CO.LTD.

JUDGEMENT

(1.) On the prayer of Dr.Mohanty, learned Senior Advocate appearing on behalf of the claimant-appellants, service of notice on Respondent no.2-owner of the vehicle is dispensed with at his risk. Though the matter was listed for admission, on being requested by Dr.Mohanty, it is taken up for final disposal with the consent of Mr.N.Ch.Mishra, learned counsel appearing for respondent No.1- Divisional Manager, M/s National Insurance Company Limited.

(2.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') filed by the claimant-appellantschallenging the award dated 26.9.1998 passed by the 1 st Addl. District Judge-cum-1 st Motor Accident Claims Tribunal,(hereinafter referred to as the 'Tribunal') Cuttack, in Misc. Case No.453 of 1996 on the ground that the amount of compensation awarded by the Tribunal is on the lower side.

(3.) The facts of the case are that on 2.5.1996 at about 3.30.P.M. on N.H.42 while the deceased was going from his residence to Choudwar in his Spark Motor Cycle, at Dhumabati Chhak the offending vehicle bearing Registration No.ORY-1925 dashed against him. As a result of said accident, the deceased sustained injuries and succumbed to the injuries at the spot. The further case of the claimants is that the deceased was earning Rs.4,500/- per month as a mechanic.