JUDGMENT :

A.K. Rath, J.

Against a common award passed by the learned 2nd Additional District Judge-Cum-MACT, Cuttack in MAC Case No.508 of 2010, two appeals have been filed i.e., the insurer has filed MACA No.1214 of 2015, whereas the claimants have filed MACA No.1386 of 2015.

2. The claimants are the unfortunate parents of the deceased Jiban Pattanayak. The case of the claimants was that on 24.7.2010 at about 1.20 P.M. while Jiban was returning from his college in a motorcycle, near Rahama College Chhaka in Cuttack-Paradeep Road, a tanker bearing registration no.OR-05-U-8131 came in a rash and negligent manner from Paradeep side and dashed him, as a result of which, he succumbed to the injuries at the spot. Thereafter the deceased was shifted to District Headquarters Hospital, Jagatsingpur for postmortem. He was eighteen years old at the time of accident. He was a student. He was a tutor and earning Rs. 5,000/- per month. With this factual scenario, they filed an application under Section 166 of the Motor Vehicles Act, 1988 before the learned Tribunal.

3. Though notice was issued to the owner of the offending vehicle, but he had chosen not to contest the case and as such set ex parte