NEW INDIA ASSURANCE CO.LTD REPRESENTED BY DIVISIONAL MANAGER, CUTTACK Vs. ANJANA BEWA ALIAS ANJANA DEI

JUDGEMENT

(1.) This appeal is directed by the appellant -Insurance Company against the order dated 21.8.1999 passed by the Second Motor Accidents Claims Tribunal, Cuttack, in Misc.Case No.143 of 1988.

(2.) THE fact in gist is, on 28.8.1987 at about 6.30 A.M. while Dhusasan Setha was proceeding to his village on a bi -cycle on the National High Way No.5, near Gandarpur in Cuttack, the offending truck bearing registration No.OSU 3918 being driven in rash and negligent manner came at a high speed from his back side and dashed against him. As a result, said Dhusasan Setha fell down with severe bleeding injuries on his person and while he was about to be removed to the S.C.B. Medical College Hospital he succumbed to the injuries. The claimants, being the wife and the minor children of deceased Dhusasan Setha, filed a petition under Section 110 of the Motor Vehicles Act before the learned Second Motor Accident Claims Tribunal, Cuttack, for compensation on account of the accidental death of the only earning member of their family. The opposite party No. 1 -insured though filed the written statement disowning the contentions made in the claim petition, subsequently did not contest the case. The opposite party No.2 - Insurance Company only contested the case by filing the written statement denying therein the allegations made in the claim petition.

(3.) IN course of hearing, Mr. Roy, learned counsel for the appellant, vehemently submitted that the award of compensation by the learned Tribunal is excessive and the learned Tribunal has not properly assessed evidential value of the witnesses and thus the award is liable to be set aside. Mr. Mohanty, learned counsel for the respondent -claimants, on the other hand, refutting to the contention of Mr. Roy, took this Court to the evidence on record and submitted that the award of the learned Tribunal is rather inadequate. Mr. Mohanty, in support of his argument cited a cetana of decisions of the apex Court as well as other High Courts and urged that this Court has the power to enhance the award.