REBATI DIKSHIT Vs. RAMESH SIRIPURAPU

JUDGEMENT

(1.) THE petitioners -claimants being the appellants have filed this appeal assailing the award dated 29.04.2004 passed by the M.A.C.T -I, Balasore in Claim Misc. Case No.148 of 2002 in an application filed under Section 166 of the Motor Vehicles Act claiming compensation of Rs.42 lakhs on account of the death of Sitanath Dikshit in a vehicular accident on 30.07.2002 at 7 p.m.

(2.) THE short fact of the case, in hand, is that Sitanath Dikshit, husband of the appellant no.1, father of appellant nos. 2 to 4 and son of the appellant no.5 and 6 died in a motor accident on 30.07.2002. It is stated that on that day at about 7 P.M. the offending truck bearing registration No.AP 47U -9459 came in a high speed and dashed against the deceased as a result of which he died at the spot. At the time of death, Sitanath Dikshit was about 46 years of old and was working as an Assistant Manager in United Commercial Bank, Bhadrak Branch and was getting salary of Rs.17,533.66/ - per month. The claimants were fully dependent on the deceased and accordingly the claimants filed the claim application claiming compensation of Rs.42,00,000/ -.

(3.) CONSIDERING the contention of the parties, the learned Tribunal framed as many as four issues. The claimants -petitioners examined two witnesses including claimant No.1 as P.W.1 and exhibited certain documents. The claimant -P.W. -1 proved the salary certificate of the deceased from January, 2002 to July, 2002 as Ext.3 and Ext.3A and the entries therein with regard to month of July. The Insurance Company - Respondent No.2 proved Ext.A, the salary certificate issued by the Senior Manager of the UCO Bank of Bhadrak Branch for the month of July, 2002 but has not examined any witness from its side.