NATIONAL INSURANCE COMPANY LTD. Vs. PRAMILA PANDA

JUDGEMENT

(1.) THE National Insurance Company Limited, the appellant, herein, has sought to challenge the award dated 23.12.2002 passed by the Third Motor Accident Claims Tribunal, Balasore in M.A.C.T. Case No.130/38(c) of 1996 -95.

(2.) THE facts of the case in brief is that one Rama Narayan Panda died in an accident that took place on 29.8.1994. The respondent Nos.1 to 4 who are the widow wife and children of the said deceased Rama Narayan Panda, filed an application under Section 166 of the Motor Vehicles Act, claiming compensation of Rs.2,00,000/ - before the Third Motor Accident Claims Tribunal, Balasore. The application so filed was registered as MACT Case No.130/38(c) of 1996 -95. The respondent No.1 is the wife of the deceased Rama Panda and respondent No.2 to 4 being minor children of the deceased are represented by the mother guardian (respondent No.1).

(3.) SORO P.S. Case No. 169 of 1994 was registered with regard to the said accident and investigation was started and after completion of investigation, final report was submitted. The respondent No.1 alleging inaction on the part of Police, filed I.C.C. case No. 165 of 1994 against Akash Khan, (respondent No.5) driver of the offending vehicle before the Judicial Magistrate of First Class,Soro. The respondent No.1 in her complaint petition also alleged that respondent No.5 Akash Khan apart from being the driver was also the owner of the vehicle and that the offending truck was insured with the appellant -company herein and as such it is liable to pay the compensation for death of the deceased. It was stated that at the time of accident, the deceased was aged about 43 years and engaged in the business of electrical goods and motor binding at Khantapada Market as well as having a rice and wheat grinder and also supplying rice. His monthly income was claimed to be Rs.3000/ - (rupees three thousand), which was the main source for maintenance of his family.