NEW INDIA ASSURANCE CO. LTD. Vs. PRAMILA SABOO

JUDGEMENT

(1.) THIS appeal arises out of a decision of the Second Motor Accidents Claims Tribunal awarding compensation to the claimants and directing that the said compensation payable by the insurer be borne by the Appellant.

(2.) ON 9.9.1974 one Brundaban Sahoo met with an accident and succumbed. The offending vehicle was ORG 1445. The said vehicle had been purchased by Narayan Panda in the name of his minor son Pradip Kumar Panda. The legal representatives of the deceased filed a claim petition before the Tribunal alleging that Brundaban met his end on account of the rash and negligent driving of the driver of the offending vehicle belonging to Pradip Kumar Panda and insured with the Appellant. In the said application against serial No. 15 names of Pradip Kumar Panda and one Abhi Sabat were entered. Against serial No. 23 in the fourth sub -paragraph the following was averred:

(3.) IN view of the order proposed, it is unnecessary to decide the cross -objection of the claimants regarding enhancement of the compensation awarded by the Tribunal. The Tribunal while disposing of the matter afresh will decide the issues without being influenced by any observation made in the judgment now set aside. In the circumstances, there would be no order as to costs.