DIVISIONAL MANAGER Vs. MANJUSHREE MOHAPATRA AND ANOTHER

JUDGEMENT

(1.) Both the appeals arise out of a common award dated 27.2.2018 passed by the learned 5th M.A.C.T., Khurda in M.A.C.T. Case No.7 of 2017. They were heard together and are disposed of by this judgment.

(2.) Claimants-Respondent nos.1 and 2 filed an application under Sec.166 of the Motor Vehicles Act, 1988 ("M.V. Act") for compensation on account of accidental death of their son, Choudhury Harihar Gajendra Mohapatra. The case of the claimants was that on 24.12.2016 while Choudhury Harihar Gajendra Mohapatra was proceeding on a motor cycle bearing regd. No.OD-02-F-4855 from Pipili to State Bank of India, Nayahata Branch, via-Nimapara on the left side of the road. At about 10 A.M. a truck bearing regd. No.OD-07-J-7545 came in a rash and negligent manner and dashed against the motor cycle, as a result of which, he sustained severe bodily injuries and succumbed to death on the spot. The deceased was 30 years of old at the time of accident. He was working as Manager in the State Bank of India, Nayahata Branch, Gop and getting salary of Rs.65,000.00 per month. After his death, the family received a serious set back.

(3.) The owner of the vehicle, opposite party no.1, was set exparte. The insurer of the offending vehicle, opposite party no.2, appellant herein, entered contest and filed written statement pleading inter alia that the deceased was negligent in driving inasmuch as he was not wearing protective headgear as mandatory under Sec.129 of the M.V. Act. He died due to his own negligence and as such the insurer is exempted from its liability.