UDAYANATH PANI Vs. BASANTI DALAI

JUDGEMENT

(1.) THE owner of a vehicle which was involved in an accident has called in question the legality of the direction given by the Second Motor Accidents Claims Tribunal, Cuttack (in short the 'Tribunal'). Fastening a part of the compensation awarded on him. The award was made on the basis of a Claim petition filed by the dependents (hereinafter referred to as the 'claimants') of one Jayakrushna Dalai alias Jayaram Dalai who lost his life on 20.2.1984 in an accident wherein a bus bearing registration No. ORU 7248 belonging to the appellant was involved.

(2.) THE background facts and the grounds of challenge as described by the claimants are as follows: On the fateful date at about noon while the deceased was standing by the side of Jagatsinghpur -Cuttack road at Kaijanga bus stop, the offending vehicle dashed against him, knocked him down and ran over him resulting in his instantaneous death. The vehicle was being driven in a rash and negligent manner, the deceased at the time of death was 42 years old and was serving as a truck driver and getting Rs. 1200/ - per month, out of which his contribution to the family was Rs. 800/ - per month. A total Claim of Rs. 99,500/ - was made by the widow of the deceased, seven minor children and dependant parents. The Tribunal accepted the factum of accident as alleged, and that the vehicle was being driven in a rash and negligent manner. On consideration of the evidence placed on behalf of the claimants; it did not accept the income and contribution as Claimed and quantified the compensation at Rs. 56,000/ -. The liability of the insurance company i.e. the New India Assurance Company (hereinafter referred to as the 'insurer') was held to be Rs. 50,000

(3.) SINCE , similar pleas are advanced in many cases, I feel that an elaborate discussion on the acceptability of the pleas is desirable.