ORIENTAL INSURANCE COMPANY LIMITED Vs. URMILA SAHU

JUDGEMENT

(1.) The present appeal at the instance of the appellant, Oriental Insurance Company Ltd. challenges the award passed by the Second Motor Accident Claims Tribunal, Berhampur on 4-6-1990 in M.A.C. No. 146/90(92/89).

(2.) It transpires from the impugned award that an application for compensation under Section 110-A of the Motor Vehicles Act was filed due to death of Saiba Sahu, who died in a motor accident. The deceased was a supplier of Semia packets on commission basis. On 2-1-89 at about 9.30 a.m. while the deceased after finishing his work at Chatrapur was proceeding on the public road, near. O. S.E.B, Colony, Chatrapur a passenger bus bearing registration No. OSX 2975 came from Bhubaneswar side to go to Chatrapur Bus stand. Being driven in a rash and negligent manner, the bus ran over the victim causing his spot death. On account of this unfortunate death of the deceased, the petitioners preferred a claim of Rs. 1,00,000/- as compensation.

(3.) The owner of the vehicle did not contest, The Insurance Company had resisted the claim by filing a written statement and by disowning its liability.