AHALYA BEHERA Vs. INSPECTOR GENERAL OF POLICE, CUTTACK

JUDGEMENT

(1.) Aggrieved by the Judgment dated 4.1.1994 passed by the Second Motor Accident Claims Tribunal (SD), Berhampur in M.A.C. No. 397 of 1991, dismissing the claim filed by the claimants, the present appeal has been filed by the claimants seeking for allowing the appeal & awarding just & reasonable compensation, urging various facts & grounds. In the impugned Judgment, the undisputed facts have been adverted. Therefore, there is no need for this Court to repeat the same in this Judgment.

(2.) The Respondents filed joint written statement denying the averments made in the claim petition & the liability to pay any compensation. Their stand was that one Bijaya Kumar Swain was returning from Karachuli driving the offending vehicle carrying policemen towards Buguda Police Station in a normal speed & blowing horn. At that time the deceased having failed to control the cycle due to the rough road, came in contact with the offending vehicle for which he fell down & sustained bodily injuries. Later on he succumbed to the said injuries in the hospital. On the basis of the report lodged by the ASI, Kishore Kumar Pradhan, Buguda P.S. Case No. 148 of 1991 was registered, the matter was investigated & final report was submitted to the effect that there was no culpable negligence on the part of the driver.

(3.) On behalf of the claimants, two witnesses were examined & three documents were marked & exhibited. Appellant No. 1-widow of the deceased examined herself as P.W.1 alongwith one Nalinikanta Behera (an eye witness) as P.W.2. Ext. 1 is the certified copy of the plain paper F.I.R., Ext. 2 is the formal F.I.R., Exts. 3 is the certified copy of the Post-mortem report. On behalf of the Respondents, the driver of the offending vehicle was examined as the sole witness but no document was exhibited.