DIVISIONAL MANAGER ORIENTAL INSURANCE CO Vs. JOGINDRA NAHAK

JUDGEMENT

(1.) THE judgment dated 7th may, 1999 passed by the Member, 2nd MACT (SD), Berhampur in mac No. 489 of 1997 (87 of 1997) is assailed in this appeal filed by the Oriental Insurance company under Section 173 (1) of the Motor vehicles Act.

(2.) RESPONDENT No. 1 -Judgment Nahak was the claimant before thetribunalinthe aforesaid mac. The scenario of facts reveals that on 14th September, 1996, while respondent No. 1 alongwith two others who were also labourers was traveling in a mini-truck bearing registration number OR-07-A-7223 as labourers due to rash and negligent driving, the said vehicle met with an accident and capcised. Consequently, all the three labourers sustained grievous injuries. They were removed to a hospital where one of them expired and the life of the two others could be saved. Three claim cases (MACs) were filed under Section 166 of the Motor Vehicles Act claiming compensation including the MAC No. 489 of 1997 (87 of 1997) filed by respondent No. 1. All the said three MACs were heard by the Tribunal analogously and were disposed off by a commonjudgment.

(3.) IT appears that the owner of the offending mini-truck did not appear before the Tribunal after receiving notice and therefore he was set ex parte. So far as the MAC No. 489 of 1997 (87 of 1997), filed by respondent No. 1 was concerned, the appellant-Insurance Company filed its written statement vaguely denying the averments made in the MAC petition and called upon respondent No. 1 to strict proof thereof.