MEERA DAS Vs. DILIP KUMAR SAMANTARAY

JUDGEMENT

(1.) Aggrieved by the judgment dated 7.4.2003 passed by the Second Motor Accidents Claims Tribunal, Cuttack in Misc. Case No. 535 of 1998, the claimant has filed the present appeal seeking for setting aside the impugned judgment and allowing the same by awarding just and reasonable compensation, urging various facts and grounds in support of the appeal.

(2.) The brief facts are stated for the purpose of appreciating rival legal contentions urged on behalf of the parties with a view to find out as to whether the claimant is entitled to the reliefs sought for in this appeal.

(3.) On 14.12.1997 at about 10.30 p.m. in front of Bagha Mangala Temple near Mangalabag, while the husband of the appellant was a pedestrian in the extreme left side of the road, at that time, a Hero Honda motor cycle bearing registration No. OR 07-A 1229, which was coming from Mangalabag side to Ranihat, being plied in a rash and negligent manner and also in high speed without obeying the traffic rules and regulations, dashed against the husband of the appellant after dashing a scooter which was in a standstill position. As a result, the husband of appellant fell on the pitch road and sustained grievous head injury. He was immediately shifted to the S.C.B.M.C.H., Cuttack, where he died while undergoing treatment. The post-mortem was conducted by the F.M.T. Department of S.C.B.M.C.H., Cuttack. The report is produced and marked as Exh. 3. Since the deceased died in a motor vehicle accident, the wife filed claim petition before the Claims Tribunal under section 166 of Motor Vehicles Act, 1988 claiming compensation of Rs. 7,50,000 stating that the deceased was a contractor and was earning a sum of Rs. 10,000 to Rs. 15,000 per month.