BULASA NAIK Vs. R S MOHANTY

JUDGEMENT

(1.) This appeal is directed against the order passed by Hon'ble Dr. Justice B.N. Misra who at the admission stage dismissed an appeal filed under Section 110 -D of the Motor Vehicles Act. The claimants are the appellants and the learned Second Motor Accident Claims Tribunal having dismissed their claim and on appeal, the learned Single Judge having dismissed the same, they have approached this Court invoking the jurisdiction under Letters Patent.

(2.) APPELLANT No. 1 is the daughter -in -law and appellant No. 2 is the son of deceased Radhu Bewa who died in a motor accident.

(3.) THE Tribunal framed the following issues: 1. Is the case maintainable? 2. Whether the death of the deceased Radhu Bewa was due to the rash and negligent driving by the Contd.3 driver of O.R.U. 668?. 3. Whether the Insurance Company is liable to pay the compensation, as claimed.? 4. Is the claim excessive and arbitrary?