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1998 Supreme(Ori) 220

P.C.NAIK
DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LIMITED – Appellant
Versus
LABANGA SAHU – Respondent


Advocates Appeared:
A.K.CHOUDHARY, A.K.MOHANTY, L.SAMANT RAY, N.K.SAHU, P.K.MISHRA, S.N.SATAPATHY, S.S.RAO

P. C. NAIK, J.

( 1 ) AGGRIEVED by the award of Rs. 30,000/- and interest thereon at the rate of 12 per cent per annum passed in favour of claimant-respondents 1, 2, and 3, the insurer has preferred this appeal. Briefly stated, the facts are that on 23-3-1989, one Khetra Sahu died due to fatal injuries received in an accident caused by a truck bearing registration number ORR 1991. Accordingly, his widow, son and daughter moved the Second Motor Accident Claims Tribunal, Barhampur for compensation amounting to Rs. 90,000/ -. It was pleaded that since the accident was due to rashness and negligence of the driver of the truck, the claimant-respondents 1, 2 and 3 are entitled to compensation from the owner and insurer of the vehicle. In Column 16 of the Claim Petition, it was specifically averred that the vehicle was insured with the United India Insurance Company Ltd. , vide Cover Note bearing No. 329807. As the owner, after filing the written statement denying his liability did not enter appearance, he was proceeded ex parte. It may, however, be mentioned that in paragraph 11 of his written statement the owner had clearly stated that the truck in question was insured under Comprehensi









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