MUNI NAYAK Vs. DURGAMADHAB SAHU

JUDGEMENT

(1.) The claimant has filed this appeal under section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') claiming higher compensation.

(2.) The claimant is a minor girl and the claim application was filed through her father. At the time of the accident, the claimant was aged about ten years. The Claims Tribunal has awarded a sum of Rs. 52,000 on different heads. The appeal has been filed claiming a further amount of Rs. 1,48,000.

(3.) In this appeal in spite of notice, there is no appearance either on behalf of the owner or on behalf of the insurance company. Since in many matters, the Oriental Insurance Co. Ltd. is represented through Advocate Mr. A.K. Mohanty, copy of this appeal memo had been served on Mr. A.K. Mohanty and he had been requested to obtain instruction from the insurance company by order dated 27.4.99. When the matter is taken up today, Mr. A.K. Mohanty, Advocate, is not present obviously because he must not have received any instruction from the insurance company. Be that as it may, since the notice is sufficient, the appeal is disposed of on merit.