NATIONAL INSURANCE COMPANY LTD Vs. JHUMI BAGH

JUDGEMENT

(1.) The insurer challenges the award dated 30.8.2018, passed by the learned Addl. District Judge-cum-4th Motor Accident Claims Tribunal, Angul, whereby learned Tribunal awarded an amount of Rs.12,12,400/- and directed the insurer to pay the same with interest @6% per annum from the date of filing of the claim application, failing which, the same will carry additional interest @1%.

(2.) One Sanjay Nayak died in a motor vehicle accident. His widow and parents field an application u/s.166 of the Motor Vehicles Act before the tribunal claiming compensation of Rs.15,00,000/-. The case of the claimants was that on 11.9.2016 at 11 PM, while Sanjay was going from Khandahata to Chheliapada on the extreme left side of the road, a truck bearing registration no.OR-05-R-0929 came from back side in a high speed and dashed against him, as a result of which, he succumbed to the injuries on the spot. The deceased was aged about 24 years at the time of accident. He was the owner of Tata Magic car. He was earning Rs.10,000/- per month.

(3.) The opposite party no.1-owner of the offending vehicle filed written statement stating that the vehicle was validly insured with opposite party no.2.