ARAT DAS Vs. SAILENDRA KUMAR NAYAK

JUDGEMENT

(1.) The same Judgment and award of compensation passed by the Learned 1st Addl. District Judge -cum -1st MACT, Cuttack in M.V. Misc. Case No. 995 of 1999 is assailed in both the aforesaid M.As. M.A. No. 488 of 2001 has been filed by the Petitioners before the Tribunal seeking enhancement of the compensation awarded by the Tribunal, while M.A. No. 524 of 2001 has been filed by New India Assurance Company for setting aside the Judgment and award passed by the Tribunal. Both the Appeals were heard together.

(2.) ON the basis of an application filed under Section 166 of the M.V. Act, by the parents and dependent brothers of deceased Kalia alias Kalandi Das, the aforesaid M.V. Misc. Case was registered before the Tribunal. It was averred by the Petitioners in the said case that on 8 -10 -1999 at about 8.00 a.m. while deceased Kalia who was working as a mechanic in a scooter garage was coming from his residence, a bus bearing registration number OR -05 -C -0123 dashed against him. As a result, Kalia died at the spot. He was aged, twenty years and was earning Rs. 4,500.00 per month. He being a bachelor his parents and dependent brothers had filed the said claim application praying for grant of a compensation of Rs. 3,00,000.00.

(3.) AFTER a threadbare discussion of the pral and documentary evidence, the Tribunal has awarded a compensation of Rs. 1,25,000.00 with interest thereon at the rate of 9% per annum from the date of the claim application, i.e.14 -10 -1999 besides a cost of Rs. 500.00 and has directed the Assurance Company to pay the -same.