INJA VENKATRAO Vs. SUNDARA BARIK

JUDGEMENT

(1.) This is an appeal by the owner of a bus ORG 4844 under S, 110D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').

(2.) Widow of Mohana alias Chintamani filed an application under S. 110 A of the, Act for compensation of Rs.60,000/- claiming that her husband was travelling in a buts on 10-3-1984. At village Totagumuda when the bus stopped he got down from the bus for answering call of nature. When he found the bus to have given a start he gave signal for stopping it. Instead of stopping it driver negligently driving the bus, dashed against him who sustained fatal injuries. He was carried to Sub-divisional hospital at Parlakhemundi where he was declared dead.

(3.) Owner of the bus in reply started that there was no accident as claimed. He, however, stated that his liability if any is covered by insurance. Insurer in reply claimed that his liability if any would be confined to the terms of the policy only.