RASANANDA MOHANTY Vs. MAHENDRA ROUT

JUDGEMENT

(1.) THE registered owner of the truck bearing number ORY -6331 is the appellant in this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act). The appeal is directed against the judgment and award dated 24.2.2001 passed by the M.A.C.T. -III, Balasore in Claim Misc. Case No.190/27(C) of 1996 -94.

(2.) THE respondent Nos.1 to 5 as the claimants, filed the above claim application under the Act for award of compensation on account of the death of one Rabindra Rout, caused by a motor vehicle accident. The claimants pleaded that Rabindra alias Rabi Rout, aged about 18 years was the son of claimant -respondent Nos. 1 and 2 and the other claimants are the minor children of respondent Nos.1 and 2. On 25.7.1993 when the said deceased -Rabindra Rout was going to his village Nuagaon, by a bi -cycle, the offending truck belonging to the appellant, coming from the opposite direction, dashed against him. As a result, he was thrown out from his bi -cycle and sustained severe injuries and died on the spot. According to the claimants, the accident occurred due to gross negligence and rashness of the driver of the offending truck. The appellant along with respondent No.6 were the opp. parties before the Tribunal below as the owner and the insurer of the offending vehicle. After receiving notice, the appellant as well as the insurer -respondent No.6 entered appearance in the said case and filed their respective written statements. The appellant admitted the fact of accident and the death of the deceased -Rabindra, inter alia, stating in his written statement that the truck in question was validly insured by the respondent No.6 and the policy of insurance was valid till 24.8.1993. He also disclosed the policy number of the policy of insurance issued by the insurer -respondents No.6. The respondent No.6 -insurer also filed a written statement denying the allegations made by the claimants and also denying that it was the insurer of the truck on the date of accident.

(3.) THE Tribunal below framed as many as three issues and after hearing of the case came to the finding that the accident occurred due to rash and negligent driving of the driver of the offending truck and the claimant -respondent Nos.1 and 2 are entitled to a compensation of Rs.67,000/ - with interest @ 10% per annum from the date of filing of the claim application i.e. 24.1.1994 till the date of payment. It is further held that though the Insurer Policy issued by the respondent No.6 covered the date of accident but as the driving licence of the driver of the offending vehicle was valid till 23.9.1988 and he has not renewed his licence thereafter, the insurance -respondent No.6 is not liable to pay compensation and the same is payable by the appellant -owner to the claimants -respondents Nos.1 and 2.