ORIENTAL INSURANCE CO.LIMITED Vs. KUMARI SWAIN

JUDGEMENT

(1.) BOTH the appeal and the writ application are directed against the judgment and award passed by the 2nd M.A.C.T. (S.D.), Berhampur. The writ application has been filed against the award passed in M.A.C. No.77 of 1992 whereas the appeal has been filed against the award passed in M.A.C. No.166 of 1993. Both the claim cases arise out of the same accident and the claim petitions were disposed of in a common judgment giving rise to the aforesaid appeal and the writ application. In view of the above, both the cases were heard together and are disposed of in this common judgment.

(2.) FACTS leading to filing of the claim petitions are that on 15.4.1991 at about 10.15 A.M. one Abhi Swain was driving a truck bearing registration No.OSG -336 towards Hinjilicut from Berhampur carrying one Rajednera Prasad Satpathy and Bancha Mallik. At that time another truck bearing registration No. ORR -3349 being driven in a rash and negligent manner came from the opposite direction and dashed against the truck in which the claimants and the deceased were traveling near Sompur. As a result of the accident Abhi Swain, driver of OSG -336 died and two other occupants namely Rajendra Prasad Satpathy and Bancha Mallick sustained injuries. The legal heirs of deceased Abhi Swain filed M.A.C. No.116/93 out of which appeal arises and the injured Bancha Mallick filed M.A.C. No.77 of 1992 out of which the writ application arises. Other injured Rajendra Prasad Satpathy also filed M.A.C. No.46 of 1992, but the owner of the offending vehicle was directed to pay compensation to Rajendra Prasad Satpathy and therefore another writ application filed by the Insurance Company against the said award was withdrawn and both the cases were heard together.

(3.) ON the pleadings of the parties the Tribunal framed four issues. With reference to the evidence adduced before the Court the Tribunal held that due to rash and negligent driving on the part of the driver of the truck ORR -3349 the accident took place resulting in death to one and injury to others. Legal heirs of deceased Abhi Swain had claimed compensation of Rupees two lakh. The Tribunal on analysis of evidence assessed income of the deceased Abhi Swain at Rs.2000/ - per month and allowed compensation of Rs.1,80,000/ -. So far as injured Bancha Mallick is concerned, he had claimed compensation of Rs.20,000/ - and the Tribunal on analysis of the injury sustained by him granted compensation of Rs.4000/ -. Apart from the above, the Tribunal further directed for payment of 9% interest per annum from the date of application till realization.