GANGADHAR SAHOO Vs. SARADANANDA PANDEY

JUDGEMENT

(1.) THE claimants have filed this appeal Under Section 173 of the Motor Vehicles Act. Claimant No. 1 is the father, claimant No. 2 is the widow and claimants 3 to 5 are the minor children of deceased Tankadhar Sahoo. The deceased was travelling in a goods vehicle on 18/19.7.1994 accompanying his goods, that is to say, betel leaves, as he was engaged in business of trading such betel leaves. Due to accident in the night of 19.7.1994, he died an untimely death. Claim application was filed claiming compensation of Rs. 2,00,000/ -.

(2.) THE owner in his written statement admitted about the accident and the fact that the deceased was going in the vehicle as owner of the goods. It was further pleaded that the Insurance Company should pay the amount, if any, The Insurance Company, on the other hand, denied the allegations made in the claim application and denied its liability.

(3.) THIS award is challenged by the claimants who have claimed higher compensation. It is also contended by them that the liability should be borne by the Insurance Company.