ORIENTAL INSURANCE CO LTD Vs. RADHAKRUSHNA MOHAPATRA

JUDGEMENT

(1.) THE insurer has filed this appeal under Section 173 of the Motor Vehicles Act (hereinafer referred to as the 'Act') challenging the award passed by the 2nd Motor Accident Claims Tribunal (S.D.), Berhampur, in M.A.C. No. 458/94 (106/94).

(2.) CLAIM application was filed by the parents and unmarried sisters of the deceased. It was alleged in the claim application that the deceased and another person were returning on a scooter. The offending truck bearing number AP -30/TO -414 belonging to present respondent No. 6 which was being driven in rash and negligent manner, dashed against the scooterist causing the death of the deceased. M.A.C. No. 458/94 (106/94) was filed by present respondents 1 to 5, whereas, M.A.C. No. 42/95 (207/94) was filed by present respondent No. 7, who was accompanying the deceased, for injuries sustained by him. Both the claim applications were taken up together.

(3.) THE Claims Tribunal found that the accident, occurred due to rash and negligent driving of the truck driver. It was further found that only present respondents 1 and 2 being the parents -were entitled to receive compensation which was fixed at Rs. 4,04,000/ - in all. It was further found that the vehicle had been validly insured with the present appellant and driver of the offending vehicle had a valid driving licence. On these Endings, the present appellant was directed to pay the compensation to present respondents 1 and 2 in M.A.C. No. 458/94.