NEW INDIA ASSURANCE CO. LTD. Vs. SANDYARANI BEBARTA

JUDGEMENT

(1.) Both the appeals arise out of the award dated 2.11.2012 made in MACT Case No.345 of 2005 by the Member, 3rd Motor Accident Claims Tribunal, Bhubaneswar determining the just compensation at Rs.13,70,000/-. Appellants in MACA No.97 of 2013 are the petitioners/claimants and the appellant in MACA No.82 of 2013 is the insurer of the offending vehicle. D. Laxman Raju and M/s. Tata Motors Limited, Jamshedpur who are arrayed as respondents in both the appeals as opposite party Nos.1 and 2 before the learned Tribunal are the owner and manufacturer, respectively, of the offending vehicle.

(2.) The claim for compensation was filed under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) claiming a sum of Rs.40 lakhs as compensation on account of death of the deceased, namely, Premananda Bebarta in a vehicular accident taking place on 27.1.2005 at about 6.30 P.M. at Gandhi Chowk, Balugaon Bazar. The offending vehicle is a Truck bearing Registration No.JH-05- A/6529/P/05.

(3.) It is not understood as to why the manufacturer of the offending vehicle has been arrayed as a party in the claim case. He did not appear before the Tribunal and was set ex parte. The owner of the vehicle filed a rejoinder but did not participate in the proceeding. The Insurance Company challenged the petitioners' claim denying the validity of driving licence and insurance of the offending Truck. Before the Tribunal the claimants claimed that the deceased was having income from his business in garments and one Poultry Farm. His total income was more than Rs.15,000/- per month. It was further contended that at the time of his death he was 37 year of old. He left behind the petitioners as his dependants. Petitioner No.1 is his widow, petitioner Nos.2 and 3 are minor daughters and petitioner No.4 is his old mother.