BHAGABAN JENA Vs. BIMBADHAR KANHAR AND ANR.

JUDGEMENT

(1.) The judgment and award passed under the Motor Vehicles Act in M.J.C No. 16 of 1986 by the Motor Accidents Claims Tribunal. Phulbam on December 21, 1991 is impugned in this appeal, filed under Sec. 173(1) read with Sec. 110 -0 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act').

(2.) Bereft of all unnecessary details, the short fact which are necessary for adjudication of this appeal are as stated below:

(3.) In support of the claim, the claimant examined two witnesses: whereas none of the Respondents examined any witness. Four documents were exhibited by the claimant which were marked as Exts. 1 to 4, Respondent No. 1 exhibited three documents, i.e. Ext.A - a letter issued by the R.T.O. Phulbani dated April 27. 1988 Ext.B - a sale money receipt: and Ext.C certified copy of the judgment in G.R. Case No. 316 of 1986. The learned Tribunal after going through the pleadings and assessing the evidence, both oral and documentary held that the deceased died due to the rash and negligent driving of the driver and that the claimant was entitled to a sum of Rs. 32,000.00 as compensation. He also held that since the Appellant was the registered owner of the vehicle on the date of the accident, he was liable to pay the compensation along with 13% interest thereon from the date of the award, i.e. December 21. 1991 till realisation within three months, failing which penal interest at the rate of 19% per annum would run from the date of the award till realisation.