NATIONAL INSURANCE CO. LIMITED Vs. SANJUKTA PAL

JUDGEMENT

(1.) Present appeal by the Insurer is directed against the judgment dtd. 20/12/2018 of the 1st Addl. District Judge-cum-1st M.A.C.T., Cuttack in M.A.C. No. 366 of 2016, wherein compensation to the tune of Rs.5,54,000.00 has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 2/4/2016.

(2.) The challenge is mainly on two aspects, first, negligence on part of the driver of the offending motorcycle bearing Registration No.OD-05N-6825 has been denied and secondly, the quantification of amount of compensation is stated to be on higher side.

(3.) The facts of the case as per the claimants are that, the deceased while going as a pillion rider in the offending motorcycle driven by one Pradeep Mallik fell down due to accident resulted by involvement of an unknown motorcycle. The accident took place on 2/4/2016 due to rash and negligent driving of the offending motorcycle and the F.I.R. was lodged on 26/4/2016.