DIVISIONAL MANAGER NATIONAL INSURANCE Vs. PRAMILA KAR

JUDGEMENT

(1.) National Insurance Co. Ltd. has preferred this appeal under section 173 (1) of the Motor Vehicles Act, 1988 (in short 'the Act') challenging the judgment passed by the 1st Additional District Judge-cum-1st Motor Accidents Claims Tribunal, Cuttack, in M.V. Misc. Case No. 1040 of 1996 awarding Rs. 2,84,180 as compensation for death of one Pradyumna Kar in a motor vehicular accident and saddling the liability of payment of compensation on the insurer of the vehicle, i.e., the present appellant.

(2.) Respondent Nos. 1 to 5, who are the parents, minor brother and sister of the deceased Pradyumna Kar filed an application under section 166 of the Act before the Tribunal claiming a compensation of Rs. 5,00,000 for the death of the deceased in a motor vehicular accident, which occurred in the forenoon of 12.10.1996 near Krushnadaspur Chhak, when a truck bearing registration No. MP 23-D A 1282 came in a high speed being driven in a rash and negligent manner and dashed against the deceased, who was waiting there to return to his home. As a result of such accident, the deceased sustained severe bodily injuries and was immediately taken to Badachana P.H.C. from where he was shifted to the S.C.B. Medical College Hospital, Cuttack where he succumbed to the injuries. The claimants in their application stated that the deceased was working as a primary school teacher in Ballarpur U.P. School and was drawing a monthly salary of Rs. 3,200 out of which he was contributing Rs. 2,500 per month towards his family expenses.

(3.) The Tribunal on an analysis of the evidence on record found that the accident occurred due to rash and negligent driving of the driver of the truck and that a sum of Rs. 2,84,180 was payable to the claimants as compensation. The Claims Tribunal finding that the vehicle was duly insured with the present appellant and the driver had a valid driving licence, saddled the burden of satisfying the award on the insurer of the offending vehicle.