NATIONAL INSURANCE CO. LTD. Vs. KRUSHNA CHANDRA SAHOO

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act 1988 (hereinafter referred to as 'the Act') filed by the Insurance Company against the award dated 28th November, 2011 passed by the Additional District Judge, Cuttack -cum -1st Motor Accident Claims Tribunal (hereinafter referred to as "the Tribunal") in M.A.C. No. 656 of 2006 awarding Rs. 4,12,500 with 7.5% interest per annum from the date of filing of claim petition, i.e., 21st November, 2006 till the date of payment. Succinct fact of the case of the claimant -petitioners before the Tribunal was that on 28th September, 2006 at about 12.00 mid -night on Cuttack -Jagatsinghpur Road near Kaijanga Godown turning Pindi, the alleged offending truck bearing registration No. ORU -2267 dashed against a trolley rickshaw which was driven by deceased Hemanta Sahoo. At the time of said accident, one Biswajit Sahoo and Harihar Behera were sitting on the trolley. Due to the said accident, two deceased persons, namely, Biswajit Sahoo and Hemanta Sahoo succumbed to the injuries. Subsequently, applications were filed under Section 166 of the Act claiming compensation to the tune of Rs. 4,00,000 and the present Appeal arises out of the application filed by the legal heirs of deceased Biswajeet Sahoo.

(2.) FURTHER , the case of the claimant -respondent before the Tribunal that the accident took place due to negligence of driver of the offending truck and the deceased persons had no contribution in any manner to the said accident. The offending vehicle was validly insured under the appellant -Insurance Company covering the date of accident. Deceased Biswajit Sahoo was 23 years old on the relevant date of accident and earning Rs. 3,000 per month being engaged as Supervisor in M/s. Maa Durga Polymer, Jagatpur, Cuttack. He was also earning Rs. 50 per day by doing decoration work apart from the supervisory work.

(3.) ON the above pleadings, the learned Tribunal framed the following four issues so far as it relates to the deceased Biswajit Sahoo for whom the present Appeal has been filed: