NATIONAL INSURANCE CO LTD Vs. BASANTI SAHOO

JUDGEMENT

(1.) THIS is an appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) filed by the Insurance Company against the award dated 28.11.2011 passed by the 1st Additional District Judge, Cuttack -cum -1STMotor Accident Claims Tribunal, Cuttack (hereinafter referred to as "the Tribunal") in M.A.C. No.657 of 2006 awarding L 4,36,500/ - with 7.5% interest per annum from the date of filing of claim petition, i.e., 21.11.2006 till the date of payment.

(2.) SUCCINCT fact of the case of the claimant -petitioners before the Tribunal was that on 28.09.2006 at about 12.00 mid night on Cuttack - Jagatsinghpur road near Kaijanga Godown turning Pindi, the alleged offending truck bearing registration No.ORU -2267 dashed against a trolley rickshaw which was driven by deceased Hemanta Sahoo. At the time of said accident, one Biswajit Sahoo and Harihar Behera were sitting on the trolley and due to the said accident, both of them sustained injuries on their persons and subsequently they succumbed to the injuries. Thereafter, claim applications were filed under Section 166 of the Act claiming compensation to the tune of L 4,50,000/ - and the present Appeal arises out of the application filed by the legal heirs of deceased Hemanta Sahoo.

(3.) OWNER of the offending vehicle did not appear before the Tribunal. Appellant/opposite party No.3 -Insurance Company filed its written statement denying the averments of the claimant/petitioners made in the claim petition. Insurance Company also raised serious objection with regard to occupation, income of the deceased, so also the amount of compensation claimed.