ANITA JENA Vs. BAROT CHANDRA PATTNAIK

JUDGEMENT

(1.) The claimants are the appellants against the award of the 3rd Motor Accidents Claims Tribunal, Balasore, dismissing their claim application for payment of compensation on account of death caused due to accident involving the truck of respondent No. 1.

(2.) The widow, one minor daughter and two minor sons of deceased Kishore Kumar Jena are the claimants. It is alleged that the deceased was travelling on a scooter in the midnight of 12/13-6-1989 and was proceeding behind a truck bearing registration number O.R.S. 7536 belonging to respondent No. 1. It is alleged that the truck was moving without any light and at Gopalgaon, the truck suddenly applied brakes and the deceased could not control himself and dashed his scooter against the truck. Though the deceased was taken to the hospital, he could not escape the clutches of death. It is claimed that the deceased was working as supervisor in a private Bus Association and was earning RS. 1500/- per month.

(3.) The owner of the truck filed written statement. According to the written statement, the truck had been parked with back-light on and the scooterist came in a high speed and dashed against the truck.The Insurance Company also filed written statement denying the claim made in the claim petition.