NEW INDIA ASSURANCE CO LTD Vs. KUNIKA OJHA

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'act') filed by the Insurance company challenging the award dated 14th october, 2004 passed by the 1st Motor Accident claims Tribunal (hereinafter referred to as the 'tribunal" ). Mayurbhanj, Baripada in M. A. C. T. Misc. Case No. 172 of 2002.

(2.) THE factsof the case are that on 29th september, 2000 at about 1. 00 p. m. while the deceased was going by hiscycle from Kachery bazar of Bhadrak towards Charampa Bazar one Chesis bearing Registration No-JH-05-A-3976/a/02 which was proceeding towards patrapada from Tata side on N. H. 5 at a high speed, dashed against the deceased near national Petrol Pump. Charampa Bazar, as a result of which, the deceased sustained grievous injuries on his body and died on the spot.

(3.) THE claimant-respondents who are widow, sons and daughter of the deceased filed a claim application before the Tribunal claiming compensation of Rs. 1,95,000/ -. The owner of the vehicle though filed written statement did not contest the case. The Insurance Company filed written statement denying the allegations made in the claim petition.