PRATIMA KUMARI DAS Vs. LAXMI KANTA SABAT

JUDGEMENT

(1.) THIS appeal has been filed at the instance of the claimantappellants against the judgment dated 03.12.2009 passed by the learned District Judge -cum -1 st M.A.C.T., Berhampur in M.A.C. No.296 of 2007 for enhancement of compensation.

(2.) THE case of the claimant -appellants in a nutshell is as follows: On 31.07.2007, the deceased -Tarini Prasad Das while coming to Berhampur from his office at Chikiti in his motorcycle bearing Registration No.OR -07P -2062 on the extreme left side of the road and obeying all thetraffic Rules and Regulations, near Golanthara Bridge on N.H. 5, the offending Mohindra Mini Bus bearing Registration No.OR -07D -1131 being driven by its driver in a most rash and negligent manner came in high speed and while overtaking another vehicle dashed against the motorcycle of the deceased. As a result of such accident, the deceased fell down on the spot and received severe injuries on his person. The deceased was removed to M.K.C.G. Medical College and Hospital, Berhampur by police with the assistance of local people and while undergoing treatment, the deceased succumbed to the injuries. During the relevant time, the deceased was working as a Progressive Assistant in the Office of the B.D.O., Chikiti with the monthly income of Rs.19,239/ - and he had two years to retire from service. Further case of the claimant -appellants is that the deceased had a valid driving licence and the offending vehicle was insured with opposite party No.2 -Oriental Insurance Company Ltd. Before the Tribunal, the claimants filed a claim petition claiming compensation of Rs.10,00,000/ - on account of death of the deceased.

(3.) OPPOSITE Party No.1, the owner of the offending vehicle contested the case by filing written statement denying the accident to have been caused due to rash and negligent driving by the driver of the offending vehicle. The offending vehicle was validly insured with the opposite party No.2 -Insurance Company and the insurance policy was valid from 18.10.2006 to 17.10.2007 covering the date of accident and the driver of the vehicle had also effective valid driving licence at the time of accident. Further case of Opposite Party No.1 is that the offending vehicle had also a valid route permit and therefore, it is the Insurance Company, who is liable to pay the compensation if any, and not Opposite Party No.1.