NATIONAL INSURANCE CO LTD Vs. KALYANI NAYAK

JUDGEMENT

(1.) THIS is an appeal under section 173 of the Motor Vehicles Act, 1988 (for short, 'the Act ') filed by the insurance company against the award/judgment dated 27.12.1997 passed by the Second Motor Accidents Claims Tribunal, Cuttack, (hereinafter referred to as 'the Tribunal ') in Misc. Case No. 1409 of 1991.

(2.) THE case of the claimant -respondent No. 1 before the learned Tribunal in short is that on 18.11.1991 at about 9.30 p.m., the deceased while going from Kendrapara to Pattamundai by a Hero Honda motor cycle, a car bearing registration No. ORA 1599 coming from back side at a terrific speed without blowing horn dashed against his motor cycle near Mulabasanta. As a result, the deceased was thrown away and sustained severe injuries on his person. Immediately thereafter, he was shifted to Pattamundai P.H.C. where he died after sometime. He was 30 years old at the time of death and was earning Rs. 2,500 per month from private service. The family members of the deceased were dependent on his income. As the deceased died due to rash and negligent driving by the driver of the offending car, the legal heirs of the deceased filed a petition before the Tribunal claiming compensation of Rs. 3,00,000.

(3.) ON the basis of the pleadings made by the parties, the Tribunal framed the following five issues: