NATIONAL INSURANCE CO LTD Vs. P KORMA RAO

JUDGEMENT

(1.) THESE two appeals are directed against the award passed by 2nd Motor Accidents Claims Tribunal, Southern Division, Berhampur (in short 'the Tribunal) on adjudication of two claim petitions filed by the dependants of two persons; one of whom lost his life and the other sustained serious injuries in an accident which took place on 13 -9 -1980 The respondents 1 to 5 in Misc. Appeal No. 161 of 1985 are the dependants of deceased T. Trirtatham. Respondent No. 1 P. Korma Rao in Misc. Appeal No. 160 of 1985, who had sustained injuries died during the pendency of the appeal and has been substituted by his widow P. Parvati.

(2.) ACCORDING to the claimants, he accident took place under the following circumstances. Deceased T. Trinatham was one of the persons who lost his life and injured P. Korma Rao was one amongst others who received severe injuries while travelling by a bus belonging to the Orissa Road Transport Company limited in short 'the ORT'); the bus was being driven at a high speed; while it was so moving near the crossing of the road which is known as Pathara junction, near Berhampur town a truck coming at a high speed from Chatrapur side dashed against it on the middle portion, as a result of which several passengers died either instantaneously or after a short while, while many others were injured.

(3.) THE Tribunal held that the dependants of the deceased T. Trinatham were entitled to receive compensation of Rs. 13,500/ -, and injured P. Korma was entitled to receive compensation of Rs. 20,000/ - for the injuries sustained. The Tribunal however, held that the collision was due to negligence of drivers of both the vehicles - and therefore, the owners. thereof are liable to pay the compensation equally, the Tribunal directed that the payment was to be made by the insurance company and the ORT.