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1998 Supreme(Ori) 268

P.K.MISRA
DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD. – Appellant
Versus
SULOCHANA JENA – Respondent


Advocates Appeared:
S.D. Das, A.K. Nayak, L. Samantaray, B.N. Nayak, H.S. Satpathy and B.K. Sinha, for the Appellant; R.N. Mohanty, B.N. Rath and M.R. Nayak, for the Respondent

JUDGMENT :

P.K. Misra, J. - The Insurance Company has filed this appeal u/s 173 of the Motor Vehicles Act challenging the award of the' Claims Tribunal awarding a sum of Rs. 2.80,000/-as compensation with interest at the rate of twelve per cent from the date of the claim application. It was directed that the amount should be paid by the Insurance Company.

2. The accident occurred on 7-8-1994. Claim application has been filed by the widowed mother of the deceased, his dependent brother and unmarried sister. At the time of death, the deceased was a Central Government employee drawing a salary of about Rs.. 1,900/-. It is alleged that while the deceased was going on bi-cycle, the bus bearing registration number OR-04-9545 came from opposite direction in a high speed and suddenly swerved hitting the deceased who fell down and ran over the deceased. The deceased expired while being taken to the hospita1.

3. The owner of the vehicle did not contest in spite of notice and was set ex parte. The Insurance Company which had been impleaded as an opposite party in the claim application from the inception appeared and filed written statement denying the allegations made in the claim case.

4. The Cl












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