ANJANA DAS Vs. GOPINATH RAY

JUDGEMENT

(1.) Aggrieved by and dissatisfied with the award dated 5.9.2008 passed by the learned 1st M.A.C.T., Puri in MAC No. 96 of 2005, the claimants have filed this appeal for enhancement of the compensation amount.

(2.) The case of the claimants is that the deceased-Mahendra Kumar Das was working as a cashier in United Commercial Bank, Nachuni Branch. On 14.2.2005, while he was proceeding from Balugaon to Nachuni in his motorcycle bearing registration number OR-07-C-8743 to attend his duty, on N.H.-5 at Baradi Chhak at about 9.30 A.M., a bus bearing registration number OR-02L-0189 came from the opposite direction being driven in a rash and negligent manner dashed against the motorcycle, as a result of which he fell down and succumbed to the injuries on the spot.

(3.) Though notice was issued to the owner of the offending bus he chose not to appear and as such he was set ex parte. Pursuant to show cause notice, opposite party No. 2, insurer of the offending bus, entered appearance and filed the written statement denying its liability. On the basis of the pleadings of the parties, learned Tribunal struck five issues. To prove the case, the claimants examined four witnesses and on their behalf, nine documents were exhibited. On behalf of opposite party No. 2 one document was exhibited.