NEW INDIA ASSURANCE CO.LTD. Vs. SUJIT BARISAL

JUDGEMENT

(1.) THE New India Assurance Company Limited is the appellant in the above two appeals and assails the judgments/awards dated 8.8.2002 and 7.8.2002 passed in Misc. Case No. 230 of 1997 and Motor Accident Claims Tribunal Misc. Case No. 239 of 1997 respectively by 3rd Motor Accident Claims Tribunal, Bhubaneswar.

(2.) THE claims arose out of an accident which took place on 21.3.1997 at 8.30 p.m. at Jatni -Khurda By -pass Chhak on N.H.No. 5. It is further stated that the deceased, his family members and other relations had gone to Puri to perform worship before Lord Jagannath and while returning in a jeep bearing registration No. ORP 8850 the driver of the jeep parked the vehicle on eastern side pitch portion of Khurda -Jatni road in order to cross N.H.No. 5. At that time a Trailor Truck bearing registration No. N.L.05/A -2574 was coming from Berhampur side and proceeding towards Bhubaneswar at a very high speed and in the process of overtaking some parked vehicle on the National Highway, the driver of the Trailor steered the vehicle to extreme right of the road and consequently dashed against the parked jeep with violent force, as a result of which the deceased Rama Chandra Barisal fell down from the jeep and was crushed under the wheels of the Trailor and died at the spot. Apart from that the son of the deceased also sustained severe fracture and bleeding injuries on his person. The legal heirs of the deceased filed M.A.C.T. Misc. Case No. 239 of 1997 before the 3rd M.A.C.T., Bhubaneswar claiming a compensation of Rs. 2,65,000/ - against the owners and insurers of both the offending vehicles and in claim Misc. Case No. 230 of 1997 the injured son of the deceased, namely, Sujit Barisal claimed a compensation of Rs. 1,00,000/ - for permanent physical and functional disability, against the owners and insurers of both the vehicles.

(3.) THE Claims Tribunal framed the following issues in MACT Misc. Case No. 239 of 1997 in MACT Misc. Case No. 239 of 1997 :