(1.) THESE two appeals as well as M.A. No. 550 of 1994 are directed against the common order dated 11.3.1994 passed by the Second Motor Accident Claims Tribunal Northern Division, Sambalpur in Misc. (A) Case Nos. 20, 21 and 22 of 1991(S). As all the three claim cases arose out of one and the same accident, the appeals were made analogous. During pendency of the appeals before this Court, M.A. No. 550 of 1994 having been dismissed for default on 21.8.1997, M.A. Nos. 546 and 549 of 1994 were heard analogously and are being disposed of by this common judgment.
(2.) THE short facts giving rise to the present appeals are that on 28.6.1990 the deceased Ramesh Chandra Sharma who was working as Divisional Manager, Orissa Forest Development Corporation Ltd. (Plantation Division), Bolangir was proceeding towards Bolangir from Sambalpur via Padampur along with his wife -Jharana Sharma and daughter -Sheela in his office Jeep bearing Registration No. ORR -5233 to attend certain official work at Padampur At about 9 A.M. while the jeep was passing near village Govindpur, which is 10 KMs. away from Baragarh, due to rash and negligent driving of the driver, the vehicle, which was then at a high speed, could not be controlled and it went off the road and capsized. As a result of such accident, the deceased as well as his wife and daughter sustained severe injuries on their bodies and the deceased Ramesh Chandra Sharma breathed his last in Bargarh hospital while under treatment.
(3.) THE plea taken by the present appellant -Divisional Manager, Orissa Forest Development Corporation Ltd. before the Tribunal was that even though the Divisional Manager, Forest Development Corporation Ltd., was a party to the proceedings, the owner of the vehicle i.e. the Orissa Forest Development Corporation, having not been made a party, the claims raised against the appellant were not sustainable. The further plea was that Jharana and Sheela were not traveling in that Jeep and had not sustained any injury. It was also stated that the deceased Ramesh himself was driving the Jeep in spite of protest of the driver and due to his rash and negligent driving, the accident occurred for which the claimants were not entitled to any compensation. The insurer -New India Assurance Company, which was arrayed as opposite party No. 2 before the Tribunal, disputed the policy of insurance.