NEW INDIA ASSURANCE CO LTD Vs. SULOCHANA SAHU

JUDGEMENT

(1.) This is an appeal at the instance of the insurance Company under S.110-O of the Motor Vehicles Act challenging the award of the Tribunal allowing compensation to the extent of Rs. 70,000/-.

(2.) On a petition being filed under S.110 A of the Motor Vehicles Act by the dependents of the deceased, the Tribunal initiated the proceeding. It was alleged in the petition that on 16-10-1980 while the deceased was going towards his village Benguari on his bicycle and was on the extreme left side of the road, the offending vehicle bearing registration No. ORG 7171 which was being driven rashly by which the deceased was thrown out of the bicycle and died on the spot. The vehicle in question was being driven at such a high speed that after dashing the deceased it proceeded further and hit a culvert. It was also stated that the deceased was getting a monthly salary of Rs. 361.35 paise and was aged 33 years. The owner of the vehicle as well as the Insurance Company were made parties to the proceeding. The owner filed the written statement denying the allegations made in the claim petition and alleged therein that the vehicle was moving slowly and cautiously, but suddenly the deceased came to the middle of the road and fell down in front of the vehicle. Though the insurer entered appearance but did not file any written statement.

(3.) On behalf of the claimants, four witnesses were examined and seven documents were exhibited. On behalf of the appellant, no oral or documentary evidence has been given. On consideration of the materials on record, the learned Tribunal came to hold that the driver of the vehicle was negligent in causing the accident. So far as the quantum of compensation is concerned, after taking into consideration the age and the monthly income of the deceased the amount which the dependents of the deceased were received, the pecuniary loss which the family sustained and all other vital considerations, the Tribunal awarded compensation to the tune of Rs. 70,000/- and further ordered that the said compensation would be paid by the insurer, the appellant. Against this award of the Tribunal, the insurer has preferred this appeal and no appeal has been preferred by the owner.