PRAKASH KU PATNAIK Vs. GHASIRAM SAHU

JUDGEMENT

(1.) This appeal has been filed by under Section 173 of the Motor Vehicles Act, 1988 (for short 'the Act') assailing the judgment and award dated 02.09.1995 passed by the 2nd Motor Accident Claims Tribunal (Northern Division), Sambalpur (for short 'the Tribunal') in M (J) Case No. 23 of 1989(8), whereby the Tribunal awarded a compensation of Rs.57,600/- in favour of the claimants-appellants along with 10% interest per annum from the date of filing of the petition, i.e., 29.03.1989 till its realization holding the respondent No.2-Insurance Company liable to pay Rs.15,000/-, and directed rest of the amount to be recovered from the owner of the vehicle-respondent No.1. This appeal has been filed both for enhancement of compensation and also to make the Insurance Company liable to pay the entire compensation amount along with interest.

(2.) Heard Mr.H.S.Mishra, learned counsel for the Claimants-Appellants and Mr.G.P.Dutta, learned counsel for respondent No.2-Insurance Company.

(3.) Short narration of facts as revealed from the impugned judgment and relevant for proper adjudication of the case is that on 30.06.1983, the deceased, namely, Bijay Kumar Pattnaik boarded a Trekker bearing registration No. ORR-3662 at Bolangir to go to Burla. On its way to Burla near village Rampur, due to a sudden jerk, the Trekker capsized to its right. The deceased was thrown out and sustained injuries on his person. Subsequently, he was removed to hospital where the doctor declared him dead. The Trekker was insured with the Oriental Insurance Company- respondent No. 2. Thus, the dependants of the deceased filed petition claiming compensation of Rs. 1.40 lakh. Pursuant to the notice, one Aruni Kumar Sahoo, filed written statement stating that he was the owner of the vehicle, i.e., the Trekker bearing registration No.ORR-3662. The respondent No.1, namely, Ghasiram Sahu was not the owner of the vehicle. He had no knowledge about the alleged accident. He, however, contended in his written statement as follows:-