NEW INDIA ASSURANCE CO LTD Vs. KALIA BEHERAQ

JUDGEMENT

(1.) NEW India Assurance co. Ltd. has filed this appeal under section 173 (1) of the Motor Vehicles Act assailing the judgment dated 30. 1. 2004 passed by the District Judge-cum-Motor Accidents claims Tribunal, Phulbani in M. A. C. Case no. 26 of 2000.

(2.) THE said M. A. C. case was registered on the basis of an application filed under section 166 of the Motor Vehicles Act by the parents of one Deba Behera alias surendra Behera who died in a motor vehicle accident. The said applicants stated that their above named son who was working as a cleaner in a bus named 'rajarani' bearing registration No. OR 12-2344 and in course of his employment on 5. 4. 2000, while he was travelling in the said bus from Berhampur to Mukhiguda due to rash and negligent driving of the driver of the said bus he was thrown out of the bus. He sustained severe multiple injuries including fractures and head injuries and succumbed to that on the very day of accident. They further stated that the deceased was aged 24 years, he was earning Rs. 2,300 per month inclusive of Rs. 1,800 being his salary as cleaner in the bus, Rs. 30 a day towards bhatta and Rs. 500 per month earned by him as an auto-electric mechanic and his contribution to the family was rs. 2,000 per month. On the basis of such averments, the applicants claimed a compensation of Rs. 3,00,000.

(3.) OWNER of the offending bus, Manjula das, in her written statement admitted that the deceased was employed by her in the bus. She stated that the deceased was being paid by her a monthly wage of Rs. 2,700. She took the plea that the bus having been validly insured, the insurer was liable to pay the compensation.