NEW INDIA ASSURANCE CO LTD Vs. SUJATA SENDHA

JUDGEMENT

(1.) HEARD Shri S. K. Swain, learned counsel for the appellant, and Shri P. C. Patnaik, learned counsel for respondent Nos. 2 and 3.

(2.) THIS appeal at the instance of the insurer -New India Assurance Co. Ltd. is directed against the award dated 23.11.2000 passed in M.A.C.T. Misc. Case No. 3/99 by which the 4th Motor Accidents Claims Tribunal, Khurda, has awarded a sum of Rs. 2,97,500/ -along with interest @ 12% per annum for the death of one Ashok Moharana, who died in a motor vehicular accident.

(3.) THE Tribunal on an analysis of the oral and documentary evidence came to hold that the death of the deceased was due to the accident caused by the offending bus; the accident in question occurred due to the rash and negligent driving of the driver of the offending bus and the said vehicle was covered by a valid insurance policy condition. The Tribunal ultimately awarded a compensation of Rs. 2,97,500/ - and directed the insurer to pay the same with interest @ 12% per annum.