ORIENTAL INSURANCE CO.LTD. Vs. MANTHANI PARIDA

JUDGEMENT

(1.) M /s. Oriental Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act assailing the Award passed by the learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No.490 of 1998.

(2.) ON 17.4.1998 at 7.00 p.m. while one Chandramani Parida was going on his cycle on Paradip -Daitari Express Highway, near a place known as 'Baunsadola a scooter bearing registration number OR -05 -C -0800 drive in a rash and negligent manner dashed against him. As a result of this accident he fell down sustaining grievous injuries. He was removed to nearby Dharmasala PHC where he succumbed. His widow, minor children and widowed mother filed the aforesaid Misc. Case before the Tribunal claiming compensation stating that he was working as a Supervisor in a quarry, called 'Bahua Quarry earning Rs.4000.00 per month.

(3.) THE submissions of the learned counsel for the appellant are strongly repudiated by learned counsel for the claimant -respondents. Relying on the evidence of PW -1, who was an eye -witness to the accident, it was submitted that in fact two scooters were going one after the other at the time of the accident and as such there was some confusion as to which scooter caused the accident. According to learned counsel for the respondents after due inquiry police arrived at the conclusion that scooter bearing registration number OR -05 -C -0800 had caused the accident and, as such, the allegation that the said scooter was substituted for the real scooter which caused the accident was not correct. He also repudiated the submission of the learned counsel for the appellant -Insurance Company that the scooter OR -05 -C -0800 was under repair, submitting that OPW -1 in his evidence before the Tribunal has stated that scooter OR -04 -7980 was not involved in the accident in question.