NATIONAL INSURANCE COMPANY LTD Vs. GOBARDHAN CHANDRA PATTANAYAK

JUDGEMENT

(1.) All the appeals are arising out of the common judgment/award dtd. 9/4/2018 passed by learned 1st M.A.C.T., Cuttack in five claim applications.

(2.) MACA Nos.905, 907, 908, 909 and 910 of 2018 have been preferred by the insurer and rest of the appeals are preferred by the respective claimants. The chart below is prepared showing those appeals with corresponding claim applications and awards passed therein.

(3.) The common case of the claimants is that on 2/11/2010 three deceased persons along with the injured were coming in a Tavera vehicle bearing Registration No.OR-02-BF-3691 from Kolkata to Bhubaneswar. At around 4.30 a.m., said Tavera vehicle dashed against the truck bearing Registration No.MH-31-CB-1359 (hereinafter referred as "offending truck") from behind. As a result of this, three persons died and two persons were injured. It is submitted by the claimants that when the Tavera was coming near Bonth Chhaka, Bhadrak, the offending truck overtook it with high speed and applied sudden brake on the road for which the driver of the Tavera dashed behind it losing his control. Bhadrak Town Police Case No.197 dtd. 2/11/2010 was registered on the complaint lodged by Sharada Charan Mohanty, who is the injured-claimant in MAC No.104/2011. Upon completion of investigation, the Police submitted charge-sheet against the driver of the offending truck for alleged commission of offences under Ss. 279/337/338/304-A of the Indian Penal Code.