NEW INDIA ASSURANCE CO. LTD. Vs. JEMAMANI NAIK

JUDGEMENT

(1.) This is an appeal Under Section 173 of the Motor Vehicle Act, 1988 filed by the Divisional Manager, New India Assurance Company. Ltd. challenging the judgment dated 26.4.2014 passed by the learned First Additional District Judge-cum- III rd. M.A.C.T, Rourkela in MAC Case No.91 of 2012 filed by the claimants claiming to be the wife and children of one late Sagar Nayak.

(2.) Facts involved in the matter as revealed from the M.A.C. Case No.91 of 2012 is that the claimants who are respondents here filed the Claim Application Under Section 166 of the M.V.Act claiming compensation and damages for the death of the husband of respondent No.1 and father of rest of the respondents on 04.6.2012 in a road accident caused by a Tipper bearing Registration No.0R14 S 0108.The case of the respondents is that on 04.6.2012 at about 11 A.M when the deceased with his wife were coming towards their house at villageKamanda in a motor cycle bearing Registration No.0R14 Q 5916 near BTA Iron Mines Gate, a Tipper bearing Registration No.0R14 S 0108 driven rashly and negligently came all on a sudden out of the Mines gate and dashed the deceased-husband and wife. The deceasedhusband died at the spot. The deceased was an employee of SAIL under R.M. Division and was posted at Barsuan Iron Mines. The deceased-husband was drawing a monthly salary of Rs.56, 000/-(Fiftysix Thousand) besides his perks as an employee of the SAIL. It is under these premises the claimant-respondents had claimed appropriate compensation for the loss of life of the deceased.

(3.) Though the present appellant i.e. the Opp. party No.2 in the trial court contested the matter but the respondent No.7 who was Opp. party No.1 in the trial court i.e. the owner of the offending vehicle chose to remain exparte.