DIVISIONAL MANAGER Vs. GOLAP NAYAK

JUDGEMENT

(1.) Heard Mr.Mohan Ch. Nayak, learned Counsel appearing for the Appellant-Insurance Company and Mr.Nanda, learned counsel for the respondents-claimants.

(2.) This Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'MV Act') has been filed assailing the Award dated 03.10.2003 passed by the learned Member, 3rd Motor Accident Claims Tribunal, Bhubaneswar (for short, 'the Tribunal') in MACT Case No.157/17 of 2002 awarding compensation of Rs.5,48,280/- to be paid by the Appellant-Insurance Company (Opposite Party No.2 before the Tribunal) to the Claimants-respondent Nos. 1 to 3.

(3.) Short narration of facts relevant for proper adjudication of this Appeal are that on 26.10.2001 at about 4.00 PM, when the husband of the respondent No.1, namely, Dhirendra Kumar Nayak (for short, 'the deceased') was going in a Scooter bearing registration No.OR-02-M-9530 as a pillion rider from Sriya Talkies Square towards Master Canteen Square, the offending vehicle (Tata Sumo) bearing registration No. OR-02-K0770 (for short, 'offending vehicle') came in a high speed and dashed against the Scooter, as a result of which the deceased was thrown to a distance and sustained multiple injuries on his person. Soon after the accident, the deceased was shifted to Capital Hospital for treatment, but he succumbed to the injuries in course of the treatment. It is alleged in the claim petition that the accident occurred due to rash and negligent driving of the driver of the offending vehicle, for which a Police Case was registered as Kharvel Nagar Police Station Case No.276 of 2001 under Section 279/304-A, IPC. The deceased was a government servant and 54 years old at the time of accident. He was earning Rs.6,110/- per month. As such, the claimant-respondent Nos. 1 to 3, who are the widow and children of the deceased, filed the claim petition under Section 166 of the MV Act claiming compensation of Rs.8.50 lakh.