NATIONAL INSURANCE CO.LTD. Vs. SUSANTI ROUT

JUDGEMENT

(1.) THE interim order of maintenance passed under Section 140 of the M.V Act in Misc. Case No.145 of 1995 by the Second Motor Accident Claims Tribunal, Dhenkanal is assailed by the National Insurance Company Ltd. in this appeal filed under Section 173 of the M.V Act,1988.

(2.) IN a motor vehicle accident which occurred on 04.7.1995 on National High Way No.42 one Muralidhar Rout sustained grievous injuries and succumbed to the said injuries. Petitioner -respondent Nos.1 to 3 filed a petition under Section 166 of the M.V Act claiming compensation. On the basis of such petition M.A.C Case No.144 of 1995 has been registered.

(3.) AFTER perusing the F.I.R, final form and other police statements as well as post mortem report and being prima -facie satisfied that the death occurred due to motor vehicular accident caused by the offending vehicle, the Tribunal allowed the petition and directed the Insurance Company to deposit a sum of Rs.50,000/ - and further directed that out of the said amount 80% shall be kept in fixed deposit in any Nationalised Bank for a period of six years. Being aggrieved the appellant -Insurance Company has approached this Court.