GANANATH SAHOO Vs. GOBINDA CHANDRA AGRAWALA

JUDGEMENT

(1.) Assailing the award dated 21st November 2002 passed by the Second Motor accident Claims Tribunal, Cuttack in Misc. Case No. 5 of 1995 the claimants have filed M.A.C.A. No. 89/2003. The same award has been assailed by the Insurance Company in M.A.C.A. No. 203/2003. As the facts and points of law involved in both the appeals are same, both the matters were heard together and are disposed of by this common judgment.

(2.) THE claimants filed an application before the Second Motor Accident Claims Tribunal under Section 166 of M.V. Act, inter alia, stating that their son Maheswar Sahoo met with an accident on 3.11.2004 and succumbed to the injury sustained. They alleged that the said accident occurred due to rash and negligent driving of the driver of the vehicle bearing Registration No. ORM -6765 and accordingly they claimed compensation for the death of their son.

(3.) TO substantiate their case the claimants got examined as many as three witnesses and exhibited six documents. On behalf of the Insurance Company neither any witness was examined nor any document was exhibited. The Tribunal after analyzing the evidence, both oral and documentary, awarded a sum of Rs. 1,44,000/ - to the claimants with interest at the rate of 6% per annum from the date of filing of the case i.e., on 2.1.1995 till realisation which award is assailed by both claimants and Insurance Company.