NEW INDIA ASSURANCE CO LTD Vs. TULSI ROUT

JUDGEMENT

(1.) This Misc. Appeal is filed by the New India Assurance Co. Ltd. questioning the correctness of the judgment passed against it by the IIIrd M.A.C.T., Balasore in M.A.C.T. No. 151/1998 of 96-93 in awarding Rs. 1,53,600/- with 12% interest in favour of the claimants-respondents herein urging various grounds and prayed for setting aside the judgment by allowing this appeal.

(2.) The brief facts for appreciating the legal grounds urged in this appeal with a view to find out as to whether the impugned judgment and award is required to be interfered with by this Court are that the respondent-claimants herein have filed a claim petition before the IIIrd M. A. C. T, Balasore claiming compensation of Rs. 2,35,000/- for the death of Ramakanta Rout in a road accident that occurred on 31-8-1992 at 3.30 P. M. at Soro-Kupari Road near village Hansaguda. While he was riding his motor cycle bearing Regn. No. OR-01-2943, suddenly a calf appeared before the motor cycle and in order to save the life of the calf, he could not control the motor cycle as a result of which the motor cycle dashed against the road side tree, the deceased received multiple injuries on his body and later succumbed to the injuries.

(3.) The claim petition was opposed by the appellant-insurer. The insurer filed the counter statement denying its liability to pay any compensation as they have not admitted regarding insurance of the vehicle involved in the accident. It has also stated that the respondent claimants did not specifically indicate in the claim petition regarding the date of issuance of insurance policy. They have also not given the full particulars of the insurance policy. Further it is stated in the counter statement that the amount of compensation claimed by the claimants is excessive and the same is arbitrary and unreasonable. Further it is stated that the appellant insurance company is not liable to pay any compensation to the claimants.