NEW INDIA ASSURANCE CO LTD Vs. SUKUN MUNDA

JUDGEMENT

(1.) The appellant insurance company has filed this appeal challenging the award dated 27.10.1998 passed by the Second M.A.C.T., Northern Division, Sambalpur in Misc. (A) Case No. 122 of 1993 (S).

(2.) The facts of the case as narrated are as follows:

(3.) The parties adduced evidence in respect of their respective pleas. Claimants examined two witnesses. The insurance company examined five witnesses. The F.I.R., post-mortem report and R.C. book were exhibited on behalf of the claimants. The insurance company exhibited the documents, i.e., proposal form, letter of U. Das addressed to opposite party No. 1, cheque, cover note intimation regarding dishonour of cheque, office copy and letter addressed to the opposite party No. 2, office copy of the letter sent to R.T.O., receipt of courier service, etc. On analysing the evidence adduced by the parties, the Tribunal came to the finding that the accident took place due to rash and negligent driving of the driver of the offending vehicle bearing registration No. OSS 2411 resulting in the death of Dubraj Munda. The cover note, Exh. D, stands in the name of opposite party No. 1 which was issued on 22.3.1993. The opposite party No. 2 being the insurer of the offending vehicle is liable to pay the compensation and the Tribunal assessed the quantum of compensation at Rs. 1,24,000.