SULACHNA JENA Vs. ANTARYAMI PANI

JUDGEMENT

(1.) Heard Mr.Rath, learned counsel for the Appellants and Mrs.Pati, learned counsel appearing for respondent No.2-Insurance Company

(2.) The instant Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act') has been preferred assailing judgment and award dated 27.07.2000 passed by learned 2nd Motor Accident Claims Tribunal, Cuttack in Misc. Case No.282 of 1989 dismissing the Claim Petition under Section 166 of the Act.

(3.) On 01.02.1989 at about 11.00 AM, when the deceased, namely, Bajia Jena along with others were travelling in a truck bearing registration No.ORU 863, from Berhampura side towards Banki, it met with an accident, as a result of which the deceased succumbed to the injuries. Accordingly, his legal heirs filed Claim Petition under Section 166 of the Act claiming compensation of Rs.1.00 lakh. Owner of the offending vehicle though received notice but did not choose to appear and was set ex parte. Respondent-Insurance Company filed written statement denying its liability to pay compensation.