NATIONAL INSURANCE CO LTD Vs. CHAMARU BHOI

JUDGEMENT

(1.) INSURER is the appellant in this appeal under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). Claimants have filed a cross -objection for enhancement of the amount of compensation awarded.

(2.) ON 15 -7 -1981 at about mid -day in an accident caused by a truck Satyakadi, a boy aged about 16 years, who was earning his livelihood from tailoring sustained fatal injuries to succumb at the spot at the outskirts of his village Bhetra while returning home from the tailoring shop at Golobazar in Sambalpur town.

(3.) OWNER did not appear to contest. Appellant denied the assertions as well as the basis for compensation. It asserted that with the little particulars in the position it is unable to admit if interest of the owner named in the claim petition was insured unless better particulars on insurance are disclosed by the claimants. It stated that the claimants may cause the owner of the vehicle to be directed by the Tribunal to pro duce and prove the policy of insurance.