ORIENTAL INSURANCE CO. LTD Vs. SANJUKTA DAS

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') filed by the appellant-Insurance Company against the judgment dated 16.05.2003 passed by the 3rd Motor Accident Claims Tribunal, Puri (hereinafter referred to as "the Tribunal") in M.A.C. No.256/427 of 93/88 .

(2.) THE case of the claimant-petitioners before the learned Tribunal was that on 09.05.1988 at about 8.30 AM while the deceased, Prasanna Kumar Das, was proceeding near Dahuka river culvert at Balugaon on Nayagarh-Khandapara road from Nayagarh towards Balugaon side in his Scooter bearing registration No.ORX-8823 slowly and cautiously on the left side of the road as the road condition was not good, the offending Matador bearing registration No.ORG-9696 came from the opposite direction, i.e., from Balugaon side in a high speed and after moving towards right proceeded eighty feet in an uncontrollable manner and dashed against the Scooter of the deceased. As a result of such accident, the deceased was thrown out of the Scooter and sustained several injuries on his person. His Scooter was badly damaged. Immediately thereafter, the deceased was taken to Nayagarh Hospital from where he was referred to S.C.B. Medical College and Hospital, Cuttack, but on the way, the deceased succumbed to the injuries at Itamati. The post mortem examination of the deceased was done at Nayagarh and Nayagarh PS Case No.71/88 was registered against the driver of the offending Matador. Further case of the claimants was that the driver of the offending vehicle had a valid driving licence and the offending vehicle was insured with opposite party No.2-Insurance Company at the time of accident. The offending vehicle being a private vehicle the statutory liability of the insurer was claimed to be unlimited. The deceased was about 32 years and was maintaining a sound health. At the time of accident, he was an Advocate of Nayagarh Bar and having reputation was attached as Public Prosecutor in the Court of the Sub-ordinate Judge- cum-J.M.F.C., Nayagarh. From legal profession, he was earning Rs.1,500/- per month. Besides, the deceased purchased a Tractor incurring loan from A.D. Bank/SBI, Nayagarh and engaged the same in agricultural operation and transportation of different construction materials. From that source the deceased was earning Rs.500/- per month. In total, income of the deceased was claimed to be Rs.2,000/- per month out of which he was contributing Rs.1,500/- per month to the claimants for their maintenance. For untimely death of the deceased, the petitioners were deprived of getting the said amount of monthly contribution of the deceased, the consortium as well as love and affection of the deceased. They also spent for funeral of the deceased and got the Scooter repaired. Thus, the claimants who are widow and minor children and old parents of the deceased, as legal heirs, with the above pleadings claimed compensation of Rs.4,00,000/-.

(3.) ON the basis of the pleadings of the parties, learned Tribunal framed the following issues:-