SASMITA BEHERA Vs. DURYODHAN BEHERA

JUDGEMENT

(1.) Aggrieved by and dissatisfied with the award dated 03.2.2018, passed by the learned District Judge-cum-Motor Accident Claims Tribunal, Kandhamal, Phulbani, in MAC No.21 of 2016, the claimant has filed this appeal claiming higher compensation.

(2.) The case of the claimant was that on 22.06.2016, her five years old daughter Jyoti was travelling in an auto-rickshaw bearing registration no.OD-12-9140 from Bandaguda to Gandapada. Due to rash and negligent driving of the driver, at about 1.00 P.M. the auto-rickshaw overturned near village Rabingia. She succumbed to the injuries. Phiringia police lodged an FIR against the driver of the auto-rickshaw. With this factual scenario, the claimant has filed an application u/s.166 of the Motor Vehicles Act claiming Rs.4,00,000/- towards compensation.

(3.) Though the owner of the offending auto-rickshaw filed written statement, but subsequently, he was set ex parte. The insurer of the vehicle entered appearance and filed written statement denying the assertions made in the claim application. The case of the insurer was that the deceased was not travelling in the auto-rickshaw as a passenger. The offending vehicle was not insured at the time of accident. The driver did not have a valid and effective driving licence. Neither the owner of the vehicle, nor police had informed the insurer about the accident. The insurer is exonerated from its liability. The amount claimed is too high.