JUDGMENT

V. GOPALA GOWDA, C.J. - Aggrieved by the judgment dated 7.4.2003 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No.535 of 1998, the claimant has filed the present appeal seeking for setting aside the impugned judgment and allowing the same by awarding just and reasonable compensation, urging various facts and ground~ in support of the appeal.

2. The brief facts are stated for the purpose of appreciating rival legal contentions urged on behalf of the parties with a view to find out as to whether the claimant is entitled to the reliefs sought for in this ,appeal.

On 14.12.1997 at about 10.30 P.M. in front of Bagha Mangala Temple near Mangalabag, while the husband of the appellant was a pedestrian in the extreme left side of the road at that time, a Hero Honda motor-cycle bearing registration number OR-07-A-1229, which was coming from Mangalabag side to Ranihat, being plied in a rash and negligent manner and also in high speed without obeying the traffic rules and regulations, dashed against the husband of the appellant after dashing a scooter which was in a stand-still position. As a result, the husband of the appellant fell down on the pitch road an