MAMATA PANDA Vs. PRASANTA KUMAR SWAIN

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') filed by the claimant-appellants challenging the award dated 1.2.2006 passed by the learned 1st Additional District Judge-cum-1st Motor Accident Claims Tribunal, Cuttack in Misc Case No 103 of 2004.

(2.) The case of the appellants before.the Tribunal is that on 10.1.2004 at about 10.30 PM, while the deceased was going from Nayabazar side to OMP square in has motor-cycle at OMP second gate on OMP-Nayabazar road, he stopped his motor-cycle for purchasing betel from a nearby shop. At that time, a truck bearing registration No.OAX-920 came from the opposite direction, i.e., from OMP side being driven in a high speed suddenly dashed against the motor-cycle violently. As a result of such accident, deceased-Suresh fell down. Despite all the efforts were made to give best treatment, the life of Suresh could not be saved. Ultimately he met his death at SCB Medical College and Hospital, Cuttack. Attributing the rash and negligent driving of the driver of the offending vehicle to be the sole cause of accident, the claimants filed the claim petition before the Tribunal claiming compensation of Rs. 8,00,000/-.

(3.) Respondent No.1 did not contest the case and he was set ex parte. Respondent No.2 pursuant to the notice issued by the Court below, appeared and filed its written statement denying the factum of accident.