BRANCH MANAGER Vs. ARATI MOHANTA

JUDGEMENT

(1.) THIS appeal is directed against the award dated 20.7.2004 passed by the 1st Motor Accident Claims Tribunal, Mayurbhanj, Baripada in M.A.C.T. Misc. Case No.120 of 2003 directing payment of Rs.7,34,760/ - towards compensation with interest at the rate of 9% per annum.

(2.) THE claimant -respondents are the legal heirs of deceased Umakanta Mohanta. The said Umakanta Mohanta was working as an A.S.I. in the Excise Department. In 18.3.2003 while he was traveling in motorcycle as a pillion rider from Bombay Chaka to Jamshala, the motor cycle slipped on the way and dashed against a Trolley -Rickshaw. The deceased Umakanta Mohanta fell down from the motor cycle and was pressed under it, resulting in head injury and other multiple injuries on the body. He was shifted to the District Headquarters Hospital, Baripada for treatment and , thereafter referred to S.C.B. Medical College Hospital, Cuttack. On 19.3.2003 he succumbed to the said injuries. According to the claimant -respondents, the deceased was getting salary of Rs.7,060/ - per month.

(3.) ON pleadings of the parties, the Tribunal framed three issues and examined three witnesses on behalf of the claimant -respondents. On analysis of the evidence adduced before it, the Tribunal held that driver was driving the motor cycle in a negligent manner, as a result of which, the accident took place and caused the death of the deceased.