NEW INDIA ASSURANCE Vs. SUSANTA KUMAR NAYAK

JUDGEMENT

(1.) HEARD Shri Debasis Das for the appellant and Shri S.C. Routray for respondent No.1.

(2.) THE insurer is in appeal challenging the judgment dated 11.4.2001 passed in M.V. Misc.Case No.452 of 1998 by which the 2nd. Addl. District Judge -cum -Motor Accidents Claims Tribunal, Cuttack, has allowed the application filed by the claimant -respondent No.1 under Sec. 166 of the Motor Vehicles Act, 1988 and directed the insurer -appellant to pay compensation of Rs.75,000/ - to the claimant on account of the injuries sustained by him in a motor vehicular accident.

(3.) IN course of inquiry of the claim by the Tribunal, the insurer filed an application under Section 170 of the Act to permit it to take all such grounds which were available to the insured, as the owner of the offending bus was set ex parte. The said application was allowed by the Tribunal by its order dated 5.8.1999. Even though liberty was granted in terms of Section 170 of the Act, as it appears, the insurer neither led any evidence nor produced any document in support of its defence. The Tribunal, basing upon the documents filed by the claimant and evaluating the evidence adduced on behalf of the claimant in support of his claim, while answering the four issues framed by it, came to the conclusion that due to rash and negligent driving of the driver of the offending bus, the accident took place and the claimant was entitled to the compensation, which was assessed at Rs.75,000/ - and directed insurer to pay the compensation amount, as there was no dispute regarding the validity of the insurance policy.