DIVISIONAL MANAGER NEW INDIA Vs. MAHADEI BEHERA

JUDGEMENT

(1.) The insurer is the appellant against the award passed by the Second Motor Accidents Claims Tribunal, Berhampur, under Section 110 -D of the Motor Vehicles Act (hereinafter referred to as 'the Act').

(2.) THE claim application was filed under Section 110 -A of the Act claiming compensation to the tune of Rs. 75,000/ - for the death of one Kashinath Behera who has died in course of an accident caused due to the rash and negligent driving of the driver of the vehicle CRG 5799. In the claim petition it has been averred that on 2.3.1986 at about 6.30 p.m. deceased Kashinath Behera was returning home on a cycle from Berhampur side. The offending vehicle came from the opposite direction driven in a rash and negligent manner, ran over the cycle and body of the deceased as a result of which he died at the spot and the cycle was totally damaged. At the time of his death the deceased was 49 years old and he was earning Rs. 40/ - to Rs. 50/ - per day as a 'kaviraj.

(3.) ISSUES were framed and evidence was adduced from both the sides. The learned Tribunal after assessing the evidence on record came to the finding that Kashinath Behera died due to the accident and the accident occurred due to the rash and negligent driving of the offending vehicle. Calculating the total amount of dependency, the learned Tribunal awarded Rs. 45,000/ - as compensation. In the ordering portion the Tribunal ordered that the insurer was liable to indemnify the owner of the vehicle in respect of the compensation. It is also liable to pay penal interest at the rate of 12 per cent per annum if the awarded amount of compensation would not be paid within a period of three months. This award passed by the learned Tribunal is under challenge.