NEW INDIA ASSURANCE CO LTD Vs. ANTARYAMI PUROHIT

JUDGEMENT

(1.) THE judgment dated 16.8.2003 passed by the District Judge - cum -M.A.C.T. (1), Bolangir, is M.J.C. No. 519/115 of 1993 -2001 is assailed in this appeal filed under section 173 of the Motor Vehicles Act, 1988 by New India Assurance Co. Ltd.

(2.) PURUSHOTTAM Purohit along with his son Artatrana Purohit and two others was travelling in an Ambassador car bearing registration No. OR 03 -1819 from Bolangir to Bhubaneswar on 30.5.1993 morning. It was alleged that due to rash and negligent driving of the driver, the said car had a head -on collision with a truck bearing registration No. ORH 1945 which was also travelling in a high speed and coming from the opposite direction. Consequent to such accident, Purushottam Purohit sustained grievous injuries and unfortunately succumbed to the said injuries. Other occupants of the car also sustained injuries. Purushottam Purohit, it is averred in the claim petition filed under section 166 of the Motor Vehicles Act, was aged about 62 years at the time of death and he was earning Rs. 10,000 per month from his pension. Respondent Nos. 1 to 5 claiming to be the legal heirs and successors of late Purushottam Purohit filed an application under section 166 of the Motor Vehicles Act claiming compensation to the tune of Rs. 4,62,000 towards loss of income, loss of love and affection, mental shock and suffering, expenditure for sudhikriya, etc.

(3.) BASING upon the pleadings, Tribunal framed five issues. In order to substantiate their case the claimants got two witnesses examined and exhibited 6 documents. Unfortunately, neither any oral evidence was adduced by insurance company or by any other opposite parties nor any document was exhibited. The Tribunal after discussing the evidence, both oral and documentary, in extenso, came to the conclusion that the accident occurred due to rash and negligent driving of the drivers of both the vehicles. It further held that though the accident took place due to composite negligence of both the vehicles, i.e., the car and the truck, as the appellant insurance company is the insurer of both the vehicles, it is liable to pay the entire compensation.