PADMABATI DEVI Vs. DASARATHI SAHU

JUDGEMENT

(1.) Duryodhan Das stated to be the owner of a small hotel was travelling in a Trekker bearing registration No. OR 02-A 4664. The vehicle was moving in a high speed. The driver lost control and the vehicle dashed against a roadside tree. Three persons including Duryodhan Das were killed on the spot. The widow and son of the deceased Duryodhan filed a claim case being M.A.C.T. Misc. Case No. 1 of 1993 of the court of the Third Motor Accidents Claims Tribunal, Bhubaneswar, claiming a compensation of Rs. 1,50,000.

(2.) The owner of the offending Trekker (respondent No. 1 in this appeal) did not appear in the Tribunal. National Insurance Co. Ltd., the insurer, contested the claim by filing a written statement contending, inter alia, that the driver of the offending Trekker had no valid driving licence and that the vehicle was not covered by the insurance policy.

(3.) The Tribunal found that the deceased was having a monthly income of Rs. 1,000 and his contribution to the family was Rs. 660. The deceased was 70 years old at the time of his death. The Tribunal applied a multiplier of 5 and awarded a total compensation of Rs. 46,600. The Tribunal further found that the driver of the vehicle was authorised to drive light motor vehicle (private). It took the view that a driver holding a licence for driving a light motor vehicle was not authorised to drive a Trekker and accordingly held the owner of the vehicle liable to pay such compensation. During the pendency of the claim case in the court below claimant No. 2, the son of the deceased died.