ORISSA STATE ELECTRICITY BOARD Vs. USHARANI PARIDA

JUDGEMENT

(1.) This is an appeal under Section 110 -D of the Motor Vehicles Act, 1939, by the owner of the vehicle. There is no cross -objection.

(2.) UNDISPUTEDLY , the truck No. ORL 418 belongs to the appellant. Case of the claimants is that on 5.10.1984 at 2 a.m. in the night, statue of Goddess Durga, a Hindu deity, was being carried in the truck for immersion in Badanadi of Aska. Deceased who is an employee of the appellant along with others was following the truck. At that time, the truck had to be moved back to negotiate a turning. Deceased who was behind the truck was hit by it and sustained fatal injuries. Claimants who are widow and four minor children of the deceased aged 40 years at the time of death, have claimed compensation of Rs. 1,30,000/ -.

(3.) APPRECIATING evidence of both the parties Tribunal has found that accident was on account of rash and negligent driving of the vehicle. It awarded compensation of Rs. 1,30,000/ - with interest. This is being assailed by the appellant.