ORIENTAL INSURANCE COMPANY Vs. PRAMILA MOHARANA

JUDGEMENT

(1.) THIS is an appeal filed Under Section 173 of the Motor Vehicles Act by the Oriental Insurance Company Ltd. Opp. Party No. 2 before the Motor Accident Claims Tribunal.

(2.) MR . Mohanty, learned counsel for the appellant challenges the impugned Award on the following two grounds :

(3.) ON the basis of a claim petition filed by the respondents 1 to 4, M.A.C.T. Case No. 369/975 of 1994/91 was initiated. It was averred in the claim petition that Pravakar Moharana met with an accident on 20.9.1991 while proceeding on his motor cycle. It was stated that Mini Truck bearing registration number OSF 3241 caused the accident resulting in the death of Pravakar. According to the learned counsel for the appellant, late Pravakar was working as a Carpenter and the Tribunal has assessed the income of the deceased at Rs.50/ - per day, but according to the claimants, he was earning Rs. 75/ - per day. Of course there is not cross -objection/claim with regard to the quantum.