AJOY KUMAR SINGH Vs. PATA DEI

JUDGEMENT

(1.) These are appeals under the Letters Patent read with the Orissa High Court Order directed against the common appellate decision of B. K. Ray, J. under Section 110-D of the M. V. Act rendered in Miscellaneous Appeals Nos. 148 and 181 of 1974.

(2.) On 12-7-1973 at about 3.30 P. M. one Niranjan Senapati, a Class IV employee in the Establishment of the Gold Controller was knocked down while coming on bicycle on the Link Road within the town of Cuttack by a motor truck bearing registration number ORU 5905, Niranjan succumbed to the injuries while attempts were being made to take him to the hospital. His dependants filed a claim under Section 110-A of the M. V. Act asking for compensation of Rs. 40,000/-. They im-pleaded the owner of the truck as also the Insurer thereof as respondents. It was pleaded that at the time of death, Niranjan was getting a monthly salary of Rs. 157/-. He was aged about 30 and his contribution to the family was above Rs. 90/-per month. Niranjan's dependents happen to be the mother, the widow and a son.

(3.) Respondent No. 1, the owner, filed a Written statement denying that his truck had caused the accident. He also denied all other allegations that were made in the petition of claim. The Insurer did not file any written statement until the trial was over and the matter had been reserved for award. At that stage in its written statement, the Insurer pleaded that on account of breach of the conditions of the policy issued by it to the owner of the Vehicle; it had no liability at all.