DEBAKI SAHU Vs. ADMINISTRATOR SRI JAGANNATH TEMPLE

JUDGEMENT

(1.) The claimants have filed this appeal claiming higher compensation. The appellants are the widow, minor children and mother of deceased Batakrushna Sahu. The deceased was travelling in a Trekker bearing registration No. OSU 8428 belonging to the present respondent No. 2. While the Trekker was proceeding from Bhadrak towards Chhatia, the bus bearing registration No. OSP 1843 belonging to respondent No. 1 came from opposite direction and dashed against the Trekker, as a result of which the Trekker was dragged to a considerable distance. The deceased died on account of the impact. Application was filed claiming compensation of Rs. 3,00,000.

(2.) The owner of the Trekker did not contest the proceeding. The owner of the bus filed written statement claiming that the accident occurred due to negligence of the driver of the Trekker. The two insurance companies of the two vehicles filed written statements denying in general the allegations.

(3.) The Claims Tribunal found that the accident was caused due to negligence of the drivers of both the vehicles. It assessed a sum of Rs. 92,000 as compensation and directed that Rs. 46,000 should be paid by the insurer of the bus, that is to say, present respondent No. 3 and Rs. 46,000 should be paid by the owner of the Trekker, the present respondent No. 2, on the footing that passengers were not to be carried for hire in the Trekker.