DIVISIONAL MANAGER NEW INDIA Vs. RIBA PAIKARAY

JUDGEMENT

(1.) THIS appeal has been filed under Section 173 of M.V. Act against the award dated 18.9.2006 passed in Misc. Case No. 623 of 2003 by the 1st Addl. District Judge -cum -Motor Accident Claims Tribunal, Cuttack.

(2.) THE case of the claimant -Petitioners is that on 02.07.2003 at about 7 P.M. while the deceased was travelling in a motorcycle from Bhubaneswar to Cuttack a truck bearing registration No.OAC -6786 came from Bhubaneswar side and dashed his motorcycle on N.N. 5 as a result of which the deceased sustained severe injury. Immediately thereafter the deceased was taken to S.C.B. Medical College and Hospital, Cuttack, in an unconscious stage. Then he was shifted to Kalinga Hospital, Bhubaneswar, where he succumbed to injury. The claimants' case was that the accident was the outcome of rash and negligent driving of the driver of the offending truck. Being Superintendent of Excise, the deceased was earning Rs. 25,000/ - per month and contributing Rs. 20,000/ - to run his family. At the time of accident the deceased was 44 years old.

(3.) ON the above pleadings of the parties, Learned Tribunal has framed four issues. The Petitioners examined two witnesses and also filed certain documents marked as Exts. 1 to 8/1 in support of their claim. Opposite party No. 1 examined one witness. Six documents marked as Exts. A, A/1, B, B/1, C and C/1 were admitted into evidence on behalf of Opposite Parties. Learned Tribunal after taking into consideration the evidence both oral and documentary came to the conclusion that the deceased met with a road traffic accident due to rash and negligent driving of the driver of the offending vehicle. Learned Tribunal keeping in mind the spirit and manner in which the motor accident claim cases are disposed of in Lok Adalat, applied 12 multiplier and assessed the loss of dependency at Rs. 7,78,000/ -. Besides this, Rs. 9,500/ - was awarded by the Learned Tribunal towards loss of consortium, loss of estate and funeral expenses. Thus the total compensation amounting to Rs. 7,77,600/ - was awarded with 6 per cent interest per annum from the date of application till realization. Learned Tribunal further directed that out of the awarded compensation, a sum of Rs. 3,00,000/ - with proportionate interest in favour of Riba Paikray -Petitioner No. 1 and Rs. 1,25,000/ - in favour of Pramod Nayak -Petitioner No. 3 would be kept in shape of unencumberable fixed deposit in their respective name in any nationalized bank for a period of six years. It further directed that interest accrued on such fixed deposit was payable to those claimants on quarterly basis. Another sum of Rs. 3,00,000/ - with proportionate interest in favour of Santanu Kumar Nayak -Petitioner No. 2 was also ordered to be kept in shape of unencumberable fixed deposit in his name in any nationalized bank for a period of ten years, payable on maturity. The balance sum of Rs. 52,500/ - with proportionate interest and cost was directed to be released in favour of Riba Paikray -Petitioner No. 1.