DIVISIONAL MANAGER ORIENTAL Vs. ISWAR MOHAPATRA ALIAS NAHAK

JUDGEMENT

(1.) The Judgment and award dated 07.5.1999 passed by the Second Motor Accident Claims Tribunal (S.D.), Berhampur in M.A.C Case No. 212/97 (79/97) is assailed in this appeal filed under Section 173 of M.V Act, 1988 by the Appellant -Oriental Insurance Co. Ltd.

(2.) THE accident in question occurred on 14.9.1996 when deceased Pandab Mohapatra was working as a coolie in the truck bearing registration No. OR -07A -7223. It is alleged that due to rash and negligent driving of the driver, the said truck capsized, as a result of which Pandab sustained grievous injuries. Though Pandab was treated in hospital, he succumbed to the injuries. The father and mother of deceased Pandab filed the aforesaid M.A.C Case No. 212/97(79/97) claiming compensation to a tune of Rs. 2,00,000/ -.

(3.) ON the basis of pleadings the Tribunal framed four issues. In order to substantiate the case the Petitioners got three witnesses examined including Petitioner No. 1 as P.W.1 and exhibited 12 documents. On the other hand the Appellant -Insurance Company did not adduce any oral evidence. The certificate of insurance and copy of the driving licence, which were available on record were exhibited by it as Exts. A and B respectively.