RINMAYEE BISWAL Vs. SK. ARFAN

JUDGEMENT

(1.) This Appeal at the instance of claimant has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') challenging the award dated 05.07.2011 passed by the 2nd Motor Accidents Claims Tribunal, Cuttack (hereinafter referred to as "the Tribunal") in Misc. Case Nos.1055-1056 /96.

(2.) The present appeal relates to Misc. Case Nos. 1056/96. The appellant's case in a nutshell is that on 16.11.1995 at about 11.30 AM while the appellant was moving in a Scooter along with her father-petitioner in Misc. Case No.1055/96 from CDA side towards Sati Choura on the left side of the road, near Rotary Eye Hospital the offending Truck bearing No.OSC-1489 coming from opposite side direction at a high speed being driven in a rash and negligent manner dashed the Scooter. As a result of such accident, both the petitioners in Misc. Case No.1055/96 and daughter of the petitioner in Misc. Case No.1056/96 sustained injuries on their person and were immediately shifted to S.C.B. Medical College and Hospital for treatment. According to the claimant, lot of money has been spent for treatment of his daughter. It is stated in the claim petition that the accident took place due to rash and negligent driving of the driver of the offending vehicle and the petitioners had no contribution for such accident claim petition was filed before the learned Tribunal claiming compensation of Rs.3 lakh.

(3.) Before the Tribunal, opposite party No.1, registered owner of the Truck did not contest the case and the case was heard ex parte against him. Opposite Party No.2-Oriental Insurance Company Limited contested the case by filing its objections denying the allegations made by the petitioner. According to opposite party No.2-Insurance Company, the petitioner is required to prove his case by adducing cogent evidence by filing required documents. On the whole, the Insurance Company pleaded that it is not liable to pay the compensation and the claim petition was liable to be dismissed.