DIVISIONAL MANAGER Vs. RUSINATH MALLIK

JUDGEMENT

(1.) This appeal is directed against the award dated 19.02.2016 passed by the learned 3rd M.A.C.T., Jajpur in M.A.C. Case No.68 of 2013, whereby and whereunder learned Tribunal awarded an amount of Rs.4,60,000/- and directed the insurer to pay the same along with interest @6% per annum.

(2.) Respondent nos.1 to 4 as petitioners filed an application under Sec.166 of the M.V. Act before the learned Tribunal pleading inter alia that Dillip Mallik was working as helper in the vehicle TATA 407 bearing Regd. No.OR-04-E-2205. Due to mechanical defect, the vehicle had been parked on the extreme left side of the road. He was going on the left side of the road to purchase some parts of the vehicle. At that time, one unknown vehicle came at a high speed and dashed against him. Thereafter, he was shifted to Dharmasala hospital, where was declared dead. The petitioners asserted that the deceased was 22 years old at the time of death. He was earning Rs.6,000/- per month. The accident occurred in course and out of his employment.

(3.) Pursuant to issuance of notice, the owner of the vehicle entered contest and filed a written statement stating inter alia that the deceased was a helper in his vehicle. The accident was occurred due to rash and negligence of an unknown vehicle, when the deceased was going to purchase the parts of the vehicle. He admitted that he was paying Rs.6,000/- per month to the deceased. The vehicle was insured with the United India Insurance Co. Ltd., the appellant herein.