UNITED INDIA INSURANCE CO LTD Vs. MANORAMA DAS

JUDGEMENT

(1.) Heard Mr. A.K. Mohanty, the learned counsel for the appellant and Mr. P.N. Misra, learned counsel for the respondents.

(2.) This is an appeal under section 173 of the Motor Vehicles Act, 1988 (in short 'the Act') at the instance of the insurer challenging the award dated 12.8.2002 passed by the 3rd Motor Accidents Claims Tribunal, Puri, in M.A.C.T. Misc. Case No. 48/144 of 2000/1999.

(3.) The respondent Nos. 1 to 3, who are the legal heirs of the deceased Baishnab Charan Das, filed an application under section 166 of the Act stating that the said Baishnab Charan Das was working as special messenger in the Head Office of Puri Gramya Bank at Pipili and on 14.9.1998, after his office duty at about 5.15 p.m. while he was waiting at the bus stoppage near his office for a Puri bound bus, a bus bearing registration No. OSP 5689 came from Bhubaneswar side and stopped at the aforesaid stoppage in order to pick up passengers. While the deceased being the last passenger was about to board the bus and had placed one foot on the doorstep of the bus, the driver of the bus without taking sufficient care and without ensuring whether the door of the bus had been closed and all the passengers got into the bus and without blowing horn, unexpectedly drove the vehicle forward at a high speed and in a rash and negligent manner as a result of which there was a jerk and the deceased, who was in the process of getting into the bus, was thrown out of the bus and sustained severe brain injury as well as multiple injuries on several parts of the body. The deceased was immediately shifted to Pipili P.H.C. and then to the District Headquarters Hospital, Puri and ultimately he was shifted to the S.C.B. Medical College Hospital, Cuttack, where he breathed his last on 28.9.1998. The claimant-respondent Nos. 1 to 3 who are the widow, son and mother of the deceased respectively, filed the application before the Claims Tribunal claiming compensation to the tune of Rs. 10,00,000 for the untimely death of the deceased at the age of 39 years due to the aforesaid motor vehicular accident.