NATIONAL INSURANCE COMPANY Vs. KORLAMOTI KHORA

JUDGEMENT

(1.) THE National Insurance Company Limited has preferred this Miscellaneous Appeal under Section 110-D of the Motor Vehicles Act, 1939 read with Section 173 of the said Act of 1988 being aggrieved by the judgment dated 18th July, 1991 passed by the 2nd Motor Accident Claims Tribunal (Southern Division), Camp-Jeypore in MJC 32 of 1983.

(2.) ADMITTEDLY a claim application was filed under Section 110-A of the M.V. Act, 1939 by the legal heirs of deceased Bitu Khora claiming a compensation of Rs. 75,000.00. It was stated that Bitu Khora was a passenger in a tractor bearing No. ORK 5481 belonging to present respondent No. 5 and he succumbed to the injuries sustained by him on 6-6-1983 when the said tractor capsized.

(3.) THE Tribunal framed three issues. In order to substantiate their respective cases, the claimants examined one witness and exhibited five documents; while the respondents neither examined any witness nor exhibited any document. After discussing the evidence, both oral and documentary, the Tribunal came to the conclusion that the accident resulting in the death of the deceased was caused due to rash and negligent driving of the driver of the offending vehicle. Considering the age, the earning capacity of the deceased and other factors, the Tribunal held that the claimants were entitled to a compensation of Rs. 54,000.00 with 6% interest thereon from the date of the claim application, 30-8-1983 till realization. It was further ordered that if the aforesaid compensation amount was not paid to the claimants within three months of the judgment, the claimants would be entitled to penal interest at the rate of 12% per annum from the date of the application till realization.