KANANA ACHARYA Vs. MADHABANANDA BHUYAN

JUDGEMENT

(1.) This appeal has been filed by the claimants for enhancement of compensation awarded by the 11nd Motor Accidents Claims Tribunal, Northern Division, Sambalpur in Misc. (A) Case No. 362 of 1998 (SN).

(2.) Short background involved in this case is that the appellant/claimants preferred a claim before the Tribunal on the pleading that the husband of the appellant No. 1 while coming in a Commander Jeep bearing registration No. OR 09 A/4081 on. 3.06.1998 at about 1 P.M. near Dhenkikot the jeep had a head on collision with a bus bearing Registration No. OR-J-7417, which was coming from the opposite side. Both the vehicles were covered under valid Insurance Policy. The deceased was an employee of the SAIL working in Rourkela Steel Plant and was getting salary of Rs. 8,000/- (Rupees Eight thousand) per month. On the premises of sustaining loss on account of their sole bread earner's death in a vehicular accident, the claimants/appellants made a claim of Rs. 8,50,000/- (Rupees Eight lakh's fifty thousand) as whole compensation.

(3.) Owner of both the vehicles did not appear. Therefore, they were all set ex-parte. The Insurance Companies filed their respective written statements. The National Insurance Company Ltd. indicated in the written statement that there is no intimation about the accident to it by the owner. The Insurance Policy was issued in favour of the owner; of the vehicle bearing Registration No. OR-J-7417. The owner of the bus filed the original policy along with DL of the driver. In absence of intimation about the accident to the Company, liability on National Insurance Company cannot be fixed. Insurance Company further, contended that since the deceased was an employee of the Rourkela Steel Plant, on his death, the family members are entitled to monthly salary till the date of retirement of the deceased following Family Welfare Benefit Scheme and hence they are not entitled to any compensation. Similarly, the Oriental Insurance Company, the insurer of the Jeep on its appearance filed a written statement contending therein that the driver of the Jeep should produce the DL and the same has even not been seized by the Police and in absence of which no liability can be fixed on the Oriental Insurance Company, the accident took place due to rash and negligent driving of the drivers of both the vehicles and claimed that no liability can be fixed on the Oriental Insurance Company.