B. M. Vs. KHIRABATI MAHAKUR

JUDGEMENT

(1.) This appeal involves a challenge to the impugned judgment and award dated 16.12.2013 passed in M.A.C. Case No.100/81 of 2010-12 by the learned Additional District Judge-cum-M.A.C.T., Balangir directing the Insurance Company to pay compensation of Rs.2,27,400/- to the Claimantsrespondents within three months along with interest @ 7% per annum from the date of application, i.e., 21.06.2010 till the actual payment is made.

(2.) Short background involving the above Motor Accident Claim Case is that the Claimant-Respondent Nos.1 to 6 filed application vide M.A.C. Case No.100/81 of 2010-12 bringing in the facts that on 29.04.2010 at about 5.15 p.m. while the deceased was coming to Rugudikhal Chowk for supply of milk to the hoteliers by his bicycle, the offending vehicle bearing registration No.CG-12C-4111 ran from Balangir side towards Bargarh in a very rash and negligent manner, dashed him near village- Budhipadar on N.H-201, for which the deceased sustained severe bleeding injury on his head and succumbed to the injury sustained at the spot. It is claimed that at the time of death of the deceased he was a bachelor and he was working as a milkman and was earning a sum of Rs.6000/- per month. It is in the premises of rash and negligent driving by the offending vehicle and death involving the offending vehicle, the Claimants-respondent Nos.1 to 6 claimed financial compensation of Rs.5,00,000/- involving the Insurance Company and bringing a case involving an insured vehicle.

(3.) On reiteration of the stand taken in the Court below, Mr. Khan, learned counsel appearing for the appellants-Insurance Company submitted that there has been no proper consideration of the materials available on record and the impugned award even stands contrary to the materials available on record as well as the pleadings of the parties and the award should be interfered on the ground of perversity.