NATIONAL INSURANCE CO LTD Vs. BILASINI NAIK

JUDGEMENT

(1.) THIS is an appeal by the insurer National Insurance Co. Ltd. against the order of the Motor Accidents Claims Tribunal, Phulbani, passed under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') holding the appellant liable to pay the compensation towards no fault liability.

(2.) THE brief facts of the case are that on 27.2.1993 at about 4.30 p.m., the deceased was travelling in a mini truck bearing registration No. OR -05A -3927 as a passenger along with others. The mini truck met with an accident as a result of which two occupants received grievous injuries, 18 persons received simple injuries and two including the deceased died at the District Headquarters Hospital, Phulbani. Bilasini Naik, widow of deceased Adrias Naik, who succumbed to the injuries, filed an application under Section 140 of the Act in the court of the District Judge -cum -Motor Accidents Claims Tribunal, Phulbani.

(3.) THE Tribunal directed the appellant to pay a compensation of Rs. 50,000 under no fault liability and hence the appeal.