ORIENTAL INSURANCE CO LTD Vs. KALPALATA MOHAPATRA

JUDGEMENT

(1.) The award dated 30.8.2003 passed by the First Additional District Judge-cum-1st M.A.C.T., Cuttack in M.V. Misc. Case No. 569 of 2001 is assailed in this appeal by the insurer. On the basis of a petition filed by the widow and the minor child of late Durga Charan Poi, respondent Nos. 1 and 2, M.V. Misc. Case No. 569 of 2001 was initiated. It was averred in the petition that on 8.5.2001 at about 9.10 a.m., while proceeding on his scooter, at Naranpur Chhak under Jajpur P.S. the deceased was run over by a truck bearing registration No. OSU 7087. After the accident, he was removed to S.C.B. Medical College Hospital, Cuttack where he succumbed to the injuries. Durga Charan Poi, at the time of his death, was about 40 years old and he was serving as an officer in Canara Bank. His monthly salary was Rs. 18,000. It was averred in the claim petition that the deceased was contributing a sum of Rs. 17,000 towards family dependency/maintenance. After receiving notice, the owner as well as the insurance company appeared and filed their written statements before Tribunal. The owner while vaguely repudiating the averments made in the claim petition took a stand that the offending truck was insured with the appellant insurance company and the insurance was valid on the date of accident.

(2.) The insurance company in its written statement vaguely denied the allegations levelled in the claim petition and called upon the claimants to give strict proof thereof.

(3.) The Claims Tribunal on the basis of the pleadings, framed four issues. The claimant examined three witnesses and exhibited thirteen documents including salary certificate and detailed pay particulars of late Durga Charan. On behalf of the opposite parties, no witness was examined and only two documents were exhibited.