AHALI SAHU Vs. BIMAL KUMAR GHOSH

JUDGEMENT

(1.) This is an appeal against the impugned order of the Second Motor Accident Claims Tribunal (S.D.), Berhampur dismissing the M.A.C. No. 381 of 1992 for claim of compensation filed by the alleged widow of the deceased Bhaskar Sahu, who died in a motor accident.

(2.) THE undisputed facts are that on 22nd October, 1991 at about 6 a.m., while Dinabandhu Sahu was going to his village from Kesapur by his cycle alongwith deceased Bhaskar Sahu, as a pillion rider, a truck bearing Regn. No. SCA 6307being driven in a rash and negligent manner, came from behind and dashed against them, as result of which deceased Bhaskar Sahu died at the spot and Dinabandhu sustained severe bodily injuries. The parents of the deceased filed M.A.C. No. 624 of 1992, claiming compensation of Rs. 1,50,000/ - from the respondents. The present appellant Smt. Ahali Sahu claming to be the widow of the deceased filed M.A.C. No. 381 of 1992 and claimed compensation of Rs. 1,00,000/ -. The injured Dinabandhu also filed an application claiming compensation of Rs. 50,000/ - for the injuries sustained by him in course of the accident. Respondent No. 1, the owner of the offending truck did not contest the case and was set ex parte. However, respondent No. 2, the insurer filed its written statement disowning its liability to pay any compensation and denied the allegations made in the petition. It was pleaded that the offending truck was not under valid insurance cover on the date of accident inasmuch as the accident in question was not caused due to the rash and negligent driving of the offending truck by its driver.

(3.) THE Member, Claims Tribunal while considering the claim of the present appellant has found that she has failed to prove that she was the legally married wife of the deceased and therefore, is not entitled to any compensation and necessarily, the parents of the deceased were held to be entitled to receive the amount determined as compensation. The appellant is aggrieved with the order refusing to grant any compensation on the finding that she has not been able to prove her marital status with deceased.