COMMISSIONERN C C GROUP Vs. NIRMALA MOHARANA

JUDGEMENT

(1.) This is an appeal under Section 110-D of the Motor Vehicles Act of 1939 challenging the award of the Second Motor Accident Claims Tribunal dated 3-81977 awarding compensation of Rs. 36,000/- to respondents 1 to 4.

(2.) One Satyananda Moharana, while proceeding on cycle around noon time on 30-1-1976 from Daragha Bazar to Bhagatpur was knocked down on the road near the Cuttack Central Jail by a truck bearing registration No. RD 22341. That truck belonged to the 1st Orissa Batallion of the National Cadet Corps. As a result of the impact of the collision, Satyananda fell down from his cycle and came under the vehicle. He was removed to the City Hospital and from there to the SCB Medical College Hospital where he was declared to be already dead Respondents 1 to 4 who are his dependants laid claim for compensation of Rs. 50,000/- by alleging that the deceased who was aged about 30 years was having a monthly income of about Rs. 500/-.

(3.) In the abjection the appellant took the plea that Satyananda was a daily worker and had an income of Rs. 4/- per day. The claim was, therefore, excessive. It was pleaded that the vehicle was, not being driven either negligently or rashly and the accident was the outcome of negligence and fault of the victim himself. The Jail Road was very crowded and the driver of the vehicle was very cautious. When the vehicle reached the gate of the Central Jail, the driver got the feeling that the left rear wheel of his vehicle had run over something. The vehicle was brought to an immediate halt and the victim was found to have been lying on the road. With a view to providing treatment. Satyananda was removed to the hospital where he ultimately died.