DIVISIONAL MANAGER, ORIENTAL INSURANCE CO LTD , REPRESENTED BY AUTHORIZED OFFICER, REGIONAL OFFICE, BHUBANESWAR Vs. REBATI MAHARANA AND OTHERS

JUDGEMENT

(1.) Aggrieved by and dissatisfied with the award dated 24.9.2015, passed by the learned 1st Motor Accident Claims Tribunal, Keonjhar, in M.A.C. Case No.133 of 2011, the insurer has filed this appeal.

(2.) For the death of one Makardhwaj @ Makiram Maharana in a motor vehicular accident, the claimants-respondent nos.1 to 5 filed an application under Section 166 of the Motor Vehicles Act, 1988 for compensation before the learned Tribunal. The case of the claimants was that on 05.03.2011, Makardhwaj and others were returning in a Tata-407 Turbo Truck bearing registration No.OR-09- 9725 after selling their aluminium utensils at Patilo Jagar festival. Near Kuajharan ghati, due to rash and negligent driving by the driver of the offending vehicle, the accident took place, as a result of which Makardhwaj succumbed to injuries. The son of the deceased lodged an F.I.R., whereafter Harichandanpur P.S. Case No.06 of 2011 was registered. After completion of investigation the police had submitted charge-sheet against the accused driver for the offences under Sections 279/337/338/304-A I.P.C. The Post-mortem was conducted on the dead body.

(3.) The owner of the vehicle was set as ex parte. Pursuant to issuance of notice, the insurer-opposite party no.2 entered appearance and filed a written statement denying the liability. The specific case of the opposite party no.2 was that the driver of the offending vehicle did not have a valid and effective driving licence at the time the accident. The offending vehicle was a goods carriage vehicle. The deceased was a passenger in the said vehicle and as such the insurer is exonerated from its liability.