NEW INDIA ASSURANCE CO LTD Vs. SADASIV MISRA

JUDGEMENT

(1.) The Insurance Company has filed this appeal challenging the award of the Claims Tribunal. A cross -objection has been filed on behalf of the claimant -respondents 1 to 4 claiming higher compensation.

(2.) CLAIMANT -respondents 1 and 2 are the parents of deceased Nihar Ranjan Misra, whereas respondents 3 and 4 are his brother and sister. The accident took place on 26.5.1996. The deceased was going as a pillion rider on a Hero Honda Motor -cycle. Since there was some mechanical trouble in the motor -cycle, the same was parked on the left -side of the morum flank of the road and the deceased was cleaning the spark -plug of the motor -cycle. At that time the offending truck came and dashed against the deceased and ultimately the truck wheel ran over the chest of the deceased who succumbed to the injuries while he was being shifted to Jajpur Hospital. At the time of the accident the deceased was working as a Junior Engineer under the State Government and was aged about 30 years. Claim application was filed claiming Rs. 8 lakhs as compensation.

(3.) THE Claims Tribunal found that the accident occurred due to negligent driving of the truck driver. It further found that only the parents of the deceased were entitled to compensation. Calculating the compensation on various heads, the Claims Tribunal held that claimant -respondents 1 to 2 were entitled to sum of Rs. 3,56,500/ - which was directed to be paid by the Insurance Company with interest at the rate of 12 per cent from the date of application. The aforesaid award is being challenged by the Insurance Company. A cross -objection has been filed by the claimant - respondents claiming higher compensation.