SATYABHAMA NAYAK Vs. V.LAXMINARAYAN RAY

JUDGEMENT

(1.) M .A.C.A. No. 806/2005 has been filed by the United India Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act assailing the award dtd. 31st March, 2005 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 8/2003. The same judgment is also assailed by the claimants as appellants in M.A.C.A. No. 758/2005.

(2.) THE facts and points of law involved in both these cases being same, with consent of learned counsel for the parties, the same were heard together.

(3.) AFTER receiving notice the owner of the offending Truck appeared and filed his written statement denying all the averments made in the claim petition except admitting the ownership further taking the stand that the Truck was duly insured.