KAMALA NAIK Vs. JAGABANDHU SAMAL

JUDGEMENT

(1.) The claimants, who are the legal heirs of deceased Kandarp Naik, as the appellants, have filed this appeal assailing the award dated 31.03.2005 passed by the learned Addl. District Judge-cum-3rd Motor Accident Claims Tribunal, Angul in M.A.C.T. Case No. 74 of 2002 seeking for enhancement of compensation from Rs.1,71,740/- to Rs.4,00,000/- along with interest @ 9% from the date of application and for direction to the insurance company-respondent no.2 to pay the amount.

(2.) The short fact of the case in hand is that Kandarpa Naik, the deceased, was traveling in a goods vehicle after purchasing 22 nos. of goats from Riamal weekly market. After loading the same in a mini truck bearing registration No. OSD-1097, while returning to home the vehicle met with an accident on 27.3.2002, as a result of which he died at the spot. It is stated in the claim petition that due to the rash and negligent driving of the driver, the said vehicle dashed against a tree. At the time of accident, the deceased, Kandarpa Naik was 45 years of old and was earning Rs.8000/- per month from the goat business. The vehicle in question was insured with respondent no.2, which covers the date of accident and the driver was driving the vehicle having valid driving licence. Therefore, the claimants filed the application claiming compensation of Rs.4,00,000/- (Rupees four lakhs) on account of the death of Kandarpa Naik.

(3.) Pursuant to the notice issued by the learned Tribunal, owner of the vehicle, respondent no.1 did not appear and was set exparte whereas the Insurance Company- respondent no.2 appeared and filed its written statement denying their knowledge regarding the accident and also specifically stated that the vehicle was not authorized to carry passengers, thereby, the insurance company is not liable to pay any compensation.