NEW INDIA ASSURANCE COMPANY LTD Vs. MURALIDHAR SWAIN

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the motor Vehicles Act, 1988 (hereinafter called as 'the M. V. Act') filed by the New India assurance Company Limited challenging the judgment and award dated 25th May, 2005 passed by the Second Motor Accident Claims tribunal, Cuttack (hereinafter called as 'the tribunal') in Misc. Case No. 432/1993.

(2.) THE short fact of the case, as stated by the claimant-respondents in theirclaim petition, is that on 13th January, 1993 at about 1. 00 p. m. deceased-Ganeswar Swain while proceeding on a bicycle on the left side of the express Highway, at Laxminarayanpur stoppage nearchhata, at about 1. 00 p. m. , the offending truck-bearing Registration NO. ORY-491 came at a very high speed without blowing horn in a most rash and negligent manner and dashed against the deceased, as a result of which, the deceased was thrown at a distance and sustained serious injuries. The deceased was taken to Chhata hospital for treatment and thereafter because of has alarming condition he was shifted to S. C. B. Medical college and Hospital, Cuttack. On the way to hospital, the deceased succumbed to the injuries and post-mortem examination was conducted by the doctor over the dead body of the deceased. The deceased was serving as a teacher in a Government Upper Primary school and was getting salary of Rs. 2,343/-p. m. besides Rs. 1,000/- p. m. from private tuition. He had a bright career ahead. The offending vehicle was validly insured with the new India Assurance Company Limited having policy No. 3155077103453 which was valid till 2nd December, 1993 and the driver of the offending vehicle was also having a valid driving licence bearing No. 355-79-Cuttack at the time of accident. With this fact the claimant-respondents filed claim petition before the learned Tribunal claiming compensation of rs. 4,00,000/- from the Insurance Company as well as the owner of the vehicle making both of them liable the jointly and severally.

(3.) OPPOSITE Party No. 2-lnsurance company filed its written statement on 6th february, 1993 denying its liability. The owner of the offending truck who was opposite party no. 1 before the Tribunal was set e xparte on 12th September, 1995.