CHARULATA MALLIK Vs. PRAKASH KU. MOHANTY

JUDGEMENT

(1.) The claimants in MAC Case No. 98 of 2013/913 of 2007 before learned 3rd Addl. District Judge-cum-M.A.C.T., Cuttack have filed this appeal assailing the judgment and award dated 31.8.2013 passed therein holding that the claimants-appellants are entitled to compensation of Rs. 4,58,056/- together with interest at the rate of 6% per annum from the date of filing of the claim application payable by the owner of the vehicle (respondent No. 1) with certain conditions.

(2.) Facts in brevity relevant for proper adjudication of the appeal are that on 11.7.2007 at about 6.30 P.M., while one Gangadhar Mallik (deceased) was returning to his village along with other associates in a Truck bearing Registration No. OR-09-E-9868 along with their musical instruments, the Truck capsized near village Gopanagar in the district of Jajpur, as a result of which the deceased succumbed to the injuries at the spot. Accordingly, Dharmasala P.S. Case No. 268 of 2007 was registered and on completion of investigation, charge-sheet was submitted against the driver of the offending Truck to face the trial under Sections 279/337/338/304 (A) I.P.C. It was contended in the claim application that the deceased was a Musician by profession and was earning about Rs. 4500/- per month from his profession. Accordingly, the claimants, who are legal heirs and dependants of the deceased, claimed compensation of Rs. 3,00,000/-. The owner of the vehicle (respondent No. 1) did not contest the case and was set ex parte.

(3.) The Insurance Company-respondent No. 2 filed written statement denying its liability. It was specifically contended in the written statement that the deceased was travelling in the Truck as a gratuitous passenger. The Insurance Company also assailed the income of the deceased and denied other contentions made in the claim petition.