NEW INDIA ASSURANCE CO LTD Vs. SURJYAMONI PADHI

JUDGEMENT

(1.) This appeal is under Section 110-D of the Motor Vehicles Act by the insurer and is directed against the decision of the District Judge-cum-Motor Accidents Claims Tribunal, Balangir, awarding a sum of Rs. 23,460/- as compensation in favour of respondents 1 & 2.

(2.) One Bishnu Prasad Padhi, aged about 52 years, was a licensed stamp vendor at Titilagarh. On 24-9-1973 at about 8 a.m. while he was going on a cycle in front of the Munsif's court at Titilagarh, a truck belonging to respondent No. 7 Dewan Chand Jam, knocked down and ran him over, causing his instantaneous death at the spot. Respondents Nos. 1 and 2 are the son and widow respectively, respondent No. 3 is the daughter-in-law and respondents 4 to 6 are the grandchildren of the deceased. They claimed a total compensation of Rs. 50,000/-. According to them, the accident which resulted in the death of the deceased was due to rash and negligent driving of the truck.

(3.) The owner of the vehicle entered appearance through a lawyer but filed no counter. The lawyer did not also appear at the trial stage. The insurance company, the appellant herein, filed a counter denying the above allegations.