ORIENTAL INSURANCE COMPANY LTD Vs. BIJAYALAXMI TRIPATHY

JUDGEMENT

(1.) The Judgment dated 14th May, 2002 passed by the 2nd Motor Accident Claims Tribunal (SD), Berhampur in MAC No. 631/1999 (88/1995) is assailed in MACA No. 50 of 2002 by the Oriental Insurance Company which was Respondent No. 2 in the said MAC. The same Judgment is assailed in MACA No. 274 of 2003 by Smt. Bijayalaxmi Tripathy and others who were the Petitioners in the said MAC. Both the appeals having arisen out of the same Judgment of the Tribunal, the same were taken up for hearing together.

(2.) RESPONDENTS 1 to 5 in MACA No. 50 of 2002 who are Appellants in MACA No. 274 of 2003 and are respectively the widow, minor son and daughter and dependent parents of one Simachal Tripathy, had filed the aforesaid MAC before the Tribunal claiming a compensation of Rs. 4,00,000.00 on account of death of said Simachal Tripathy in a motor vehicle accident on 6 -11 -1994. It was averred by them that Simachal Tripathy was working as the Conductor in a bus bearing registration number OSN 649. On 6 -11 -1994 while, as the Conductor, he was going in that bus due to rash and negligent driving of the driver, not being able to maintain balance fell down from the bus and a rear wheel of the bus run over his head causing instantaneous death.

(3.) ON the basis of the averments of the parties, the Tribunal framed three issues to adjudicate the case. While the Petitioners got three witnesses examined on their behalf including a doctor and exhibited six documents comprising of the police papers and insurance policy of the bus, the Insurance Company adduced no evidence, either oral or documentary. After considering the materials available on record, the Tribunal was satisfied that the Petitioners were entitled to compensation. Considering the age and income of the deceased as well as other factors, the Tribunal awarded a compensation of Rs. 1,86,500.00 with 9% interest thereon from the date of filing of the MAC, i.e. 25 -4 -1995 and directed the Insurance Company to pay the same within two months, failing which it would be liable to pay interest on the compensation amount at the rate of 12% per annum.