URBASI BEHERA Vs. ROTOSH AGRAWALLA

JUDGEMENT

(1.) Since both the appeals were preferred by the respective appellants challenging one judgment/award passed on dtd. 31/7/2015 in M.A.C. Case No.11 of 2008 by the learned 1st M.A.C.T.- cum-District Judge, Dhenkanal, then both the appeals have been taken up together analogously for their final disposal through this common judgment.

(2.) The appeal vide M.A.C.A. No.1203 of 2015 was preferred by the appellants (claimants-petitioners before the learned Tribunal in M.A.C. Case No.11 of 2008) challenging the impugned judgment/award on the ground of inadequacy of the awarded compensation amount for enhancement of the same.

(3.) The factual backgrounds of these two appeals, which prompted the appellants for preferring the same are that, On dtd. 6/12/2007 at about 5:50 A.M., while the deceased Pabitra Behera was coming from his residence through his motorcycle bearing Registration No.OR-19B-4093 on the left side of N.H.42 in a normal speed to join in his duty at Captive Power Plant of NALCO, near the main gate of the said power plant, an offending truck bearing Registration No.CG-04T-6484 of opposite party No.1 in M.A.C. Case No.11 of 2008 came from his opposite side on being driven by its driver with a very high speed and in a rash and negligent manner and suddenly dashed against his motorcycle and by the result of such accident, he (deceased) thrown away from his motorcycle with heavy force and sustained multiple grievous injuries all over his body and for his such motor vehicular accidental injuries, he (Pabitra Behera) expired. For that motor vehicular accidental death of the deceased through the aforesaid offending truck of the opposite party No.1 due to the rash and negligent driving of the driver thereof, a case vide NALCO P.S. Case No.135 of 2007 was registered against the driver of the offending truck under Ss. 279, 337 & 304-A of the IPC, 1860 and an investigation was conducted. During investigation, the offending truck of the opposite party No.1 along with its documents including the insurance policy were seized and the dead body of the deceased Pabitra Behera was sent for postmortem examination and accordingly, postmortem examination over the dead body of the deceased was conducted and on completion of the investigation, charge-sheet under Ss. 279, 337 & 304-A of the IPC, 1860 was submitted against the driver of the offending truck.