SUMITRA DEV Vs. ISWAR CHANDRA SAMAL

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by the claimant-appellants against the judgment dated 13.05.2009 passed by the Motor Accident Claims Tribunal (First), Balasore (hereinafter referred to as "the Tribunal") in MAC Case No.27 of 2007.

(2.) The case of the claimant-petitioners before the learned Tribunal was that on 11.12.2006 while the deceased, Sashibhushan Dev, was proceeding from Joda to Barbil in a Bus bearing Registration No.OR-09-G-0993 in the capacity of helper of the said vehicle, the bus was suddenly capsized on the way near Baneikala Basti Road due to rash and negligent driving of the driver of the vehicle. As a result of such accident, the deceased sustained grievous injuries on his head, chest and other parts of his body and died at the spot. Subsequently, the body of the deceased was removed to Barbil hospital where post mortem examination was conducted. A police case was registered bearing Joda P.S. Case No.221 of 2006 against the driver of the vehicle for having caused the death of the deceased due to rash and negligent driving. Case of the claimant-petitioners was that since the accident took place due to rash and negligent driving of driver of the vehicle resulting death of the deceased, opposite parties are liable to pay compensation to the claimants. Further case of the claimants is that at the time of death of the deceased, he was 30 years old and was earning Rs.3,000/- per month and the claimants were dependants on his income.

(3.) In absence of opposite party No.1-owner of the vehicle, the claim petition was heard ex parte.