YUDHISTRIRA SETHI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) BEING aggrieved over the award dated 9.11.2006 in Misc. Case No. 97 of 1999 before the Second Motor Accidents Claims Tribunal, Cuttack; National Insurance Co. Ltd. has preferred an appeal in M.A.C.A. No. 103 of 2007 and the claimants have preferred M.A.C.A. No. 1029 of 2006.

(2.) THE first noted appeal is for setting aside the award on the ground that there was no involvement of the offending truck in the said accident.

(3.) THE brief facts of the case are as follows: At 4 p.m. on 2.1.99 while the deceased, a boy of 14 years old was riding a cycle in Cuttack -Paradeep National Highway near Tarapur, the offending truck bearing registration No. OR 05 -C 5171 coming from the opposite direction driven in a rash and negligent manner had dashed against the cyclist and the latter got seriously injured and succumbed to the same on his way to the hospital.