STATE OF ORISSA Vs. BANI RAY

JUDGEMENT

(1.) THESE are appeals under Section 110 -D of the Motor Vehicles Act and are directed against the decision of the Motor Accidents Claims Tribunal and have, been carried by the Defendant -State challenging the award of compensation.

(2.) ON 6.7.1974, Bimal Kaati Ray, then working as Executive Engineer, Subarnarekha Division at Jaleswar came on official duty to Balasore to have discussions with his Superintending Engineer over the construction of a bridge. Samples of soil at the foundation level of the place had to be tested at Bhubaneswar and the Executive Engineer was asked to be personally present during the testing. Bimal Kanti left Balasore around 1.30 p.m. that day by a Government jeep bearing registration number O.R.P. 2386 driven by a driver of the State Government towards Bhubaneswar. Along with him in the jeep were his wife Smt. Bani Ray, two minor children Satyajit and Abhijit. They were also accompanied by Bimal Kanti's father Birendra. The vehicle was being driven at high speed and near Chhatia on the National Highway No. V, while negotiating a curve, the jeep over turned several times. As a result of the accident, the occupants of the jeep received multiple injuries, Bimal Kanti and his father succumbed to their injuries while Bimal Kanti's wife and children survived. It was discovered after the accident that the rear wheel of the vehicle had completely gone out of its place by tearing away the rim -plate. Four separate claims were laid:

(3.) THE Tribunal clubbed all the four cases together and framed five issues. As the vehicle belonged to the State of Orissa and there was no insurance, the Tribunal ultimately awarded compensation to be recovered from the State. For the death of the Executive Engineer a net amount of Rs. 93,500/ - was awarded and in the other three cases, compensation of Rs. 8,250/ -, Rs. 10,000/ - and Rs. 25,000/ - respectively was given. The State of Orissa has preferred four separate appeals against the common award.