BABITA PARIDA Vs. MAA BASANTI TRACTOR GROUP

JUDGEMENT

(1.) THE present appeal has been filed by the appellants challenging the order dated 22nd May, 2009 passed by learned MACT -I, Balasore (for short, Tribunal) in MAC No. 82 of 2001 seeking for enhancement of the compensation amount awarded by the said Tribunal.

(2.) APPELLANTS ' case before the Tribunal in a nut -shell was that on 11 -2 -2001 while the deceased was moving towards the fish culture area/site for supervision from his office -Srinibas Marine Export and Import Company, wherein he was working as Legal Advisorcum - Supervisor, a tractor bearing Registration No. OR -O1C -5041 coming from opposite direction, suddenly capsized towards right side of the road and dashed the deceased due to depression of newly constructed road. As a result, the deceased sustained injuries and was shifted to Bhograi P.H.C. for treatment where the doctor declared him dead. On the date of accident, the weather was clear and the road was sufficiently wide and in spite of that the driver, due to negligent driving of the vehicle, caused the accident, for which not only the owner of the vehicle but also the insurer of the vehicle are liable to pay compensation. It is further stated that the deceased was getting Rs. 13,000/ - p.m. and out of the same, he was contributing Rs. 10,000/ - to his family. With these averments, the claimants filed a claim petition before the Tribunal claiming compensation of Rs. 10.00 lakhs.

(3.) THE owner of the vehicle though filed written statement, did not contest the proceeding and the case was heard ex parte.