DIVISIONAL MANAGER NEW INDIA Vs. SATYABATI MOHANTY

JUDGEMENT

(1.) THESE two appeals arise out of a common judgment and award passed by the Motor Accidents Claims Tribunal cum Second Additional District Judge, Cuttack in M.V. Misc. Case No. 841 of 1992 directing the Insurance Company, i.e., the appellant in M.A.C.A No. 385 of 2003 to pay compensation of Rs. 1,50,000.00 along with interest at the rate of 6% per annum from 7.5.1999. Claimants respondents 1 and 2 in M.A.C.A No. 385 of 2003 are the parents of deceased Ramesh Chandra Mohanty and the appellants in M.A.C.A. No. 449 of 2003.

(2.) THE short facts leading to the claim made by the claimants under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act') are that on 17.7.1992 at about 2 p.m. when the deceased Ramesh Chandra Mohanty was waiting near Panchupandav Chhak of N.H. 5 standing on the left side of the road, to board a bus, a truck bearing registration number ORY 81 suddenly dashed against him. As a consequence of such dashing, the deceased sustained serious head injury. He was shifted to Kendrapara Hospital initially and then to S.C.B. Medical College Hospital, Cuttack, where he succumbed to the said injury after about 18 days. It was the further case of the claimants that deceased Ramesh was about 23 years of age at the time of death and was preparing to take admission for prosecuting higher studies after completing his Bachelors Degree in Arts from Paradeep College. The owner of the truck who is respondent No. 3 in M.A.C.A. No. 385 of 2003 and respondent No. 1 in M.A.C.A. No. 449 of 2003 did not choose to appear before the Tribunal and remained ex parte. The New India Assurance Company which was the insurer of the offending vehicle, entered its appearance and filed the written statement denying the accident, the insurance and the allegation of negligence oh the part of the driver of the offending truck.

(3.) ON a consideration of the materials available on record, the learned Tribunal passed the impugned award on 9.4.2003 which is assailed by both the Insurer as well as the claimants.