UNITED INDIA INSURANCE CO LTD Vs. SUNAKAR ROUT

JUDGEMENT

(1.) M.A. Nos. 176 and 220 of 1998 have been fled by the Insurance Company and the claimant respectively against the judgment and award dated 16th September, 1997 passed by the 2 nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 1309 of 1989. The Insurance company has assailed the impugned order challenging the correctness of the quantum of compensation determined by the Tribunal at Rs. 25,000/- with interest at 9% per annum from the date of application, i.e. 22.12.1989 and fastening the liability upon it whereas the claimant has prayed for enhancement of the award to the extent of Rs.50,000/- in addition to the amount of Rs. 25,000/- awarded by the Tribunal, urging various facts and legal contentions.

(2.) The brief facts are stated herein :

(3.) The owner was set ex parte. But the Insurance Company-appellant in MA. No. 176 of 1998 filed written statement contesting the claim. It called upon the petitioner to prove the accident, injuries and insurance of the offending vehicle by adducing proper evidence.