(1.) This is an appeal under section 173 (1) of the Motor Vehicles Act by the insurer National Insurance Co. Ltd. against the judgment and award of the Second Motor Accidents Claims Tribunal (Northern Division), Sambalpur awarding a compensation of Rs. 72,000 along with interest at the rate of 10 per cent per annum to be paid by the appellant insurer.
(2.) The respondent Nos. 1 and 2 are the claimants in the Tribunal below for award of compensation for death of late Dusasan Sahoo, husband of respondent No. 1 and father of respondent No. 2 caused due to the accident which occurred on 4.5.1993, while the deceased was a passenger along with others in the Trekker bearing No. OR 05-6262 belonging to respondent No. 3 and insured with the appellant. Shortly stated, deceased Dusasan Sahoo along with others, while proceeding towards village Dankidi under Balini P.S. from village Tukura in the offending Trekker and while reaching near Baishnab Bandra, Dudulakote. Turning due to rash and negligent driving of the Trekker, the driver lost control and the Trekker went to its right side and remained in a tilted position, as a result of which the deceased was pressed under it causing various injuries. He was shifted to the Sub-Divisional Hospital, Hindol, where he succumbed to the injuries. The claimants sought for a sum of Rs. 4,50,000 as compensation on account of the death of Dusasan.
(3.) The owner (respondent No. 3 herein) remained ex parte and the appellant insurer filed its written statement denying the insurance policy and the accident said to have occurred on 4.5.1993. The learned Motor Accidents Claims Tribunal framed two issues: (a) Whether the accident took place on 4.5.1993 due to rash and negligent driving of the Trekker No. OR 05-6262 resulting in death of Dusasan Sahoo? (b) Whether the applicants are entitled to get any compensation? If so, to what extent and from whom?