NEW INDIA ASSURANCE CO LTD Vs. GIRDHARI MALLICK

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 27.8.1993 passed by the learned Second Motor Accidents Claims Tribunal (Northern Division), Sambalpur in the Misc. (A) Case No. 29 of 1989 (SN) directing the present appellant to pay compensation of Rs. 1,50,000 to the claimants-respondents.

(2.) The claimants-respondents are the legal heirs of deceased Sanatan Lakra. The case of the claimants is that on 11.2.1989 at about 7.30 p.m. the deceased was coming from the sector side to Rourkela town by a Rajdoot motor cycle bearing registration No. ORE 9432. Near Bisra Chhak the offending vehicle bearing registration No. OAO 1565 being driven rashly and negligently dashed against the deceased as a result of which the deceased sustained serious injuries on his head and body. The deceased was taken to R.G.H. (Hospital) whereafter he was shifted to I.G.H. (Hospital) but he died on the way. In the accident the motor cycle was also completely damaged.

(3.) The owner of the offending vehicle filed written statement stating that the offending vehicle was driven by an experienced driver having valid driving licence. On the date of accident, one motorcyclist came on the left side of the offending vehicle and dashed against it and the accident took place. It is further case of the owner of the offending vehicle that the vehicle was insured with appellant under cover note No. 086873 dated 9.2.1989 and, therefore, compensation, if any, is to be indemnified by the present appellant.