UNITED INDIA INSURANCE CO LTD Vs. NARAMANI DAS

JUDGEMENT

(1.) On analysis of the case, the point that falls for determination relates to the extent of liability of the appellant, United India Insurance Company Ltd. for the compensation awarded in favour of the claimants respondents.

(2.) This appeal is directed against the judgment dt. 21-4-90 of the Second Motor Accidents Claims Tribunal, Northern Division, Sambalpur ("M.A.C.T." for short), in Misc.(A) Case No. 109 of 1987(K) awarding a sum of Rs. 80,000/- in favour of the respondents 1 to 5 who were the claimants before the M.A.C.T. and directing the appellant to pay the entire sum.

(3.) The facts of the case sans unnecessary details may be stated thus : On 2-6-87 at about 3.45 a.m. the deceased, Harihar Das was involved in an accident with the bus bearing registration No. CRJ 7578 near Surisuria. The bus hit him from behind and due to the injuries sustained he died at the place of accident. The deceased was aged about 40 years at the time of the accident. He was working as Live-Stock Inspector under the State Government and was getting a salary of Rs. 1,400/- per month. The respondent No. 6, Kangali Sahu, was the owner of the ill-fated bus which was duly insured with the appellant on the date of accident. Respondents 1 to 5, wife and children of the deceased, filed the application claiming Rs. 80,000/- towards compensation from the appellant and respondent No. 6, alleging, inter alia, that the accident was caused solely on account of rashness and negligence on the part of the driver of the bus in driving the vehicle. On the said application, the case noted above was registered before the M.A.C.T.