GODABARISH SATPATHY Vs. BRUNDABAN MISHRA

JUDGEMENT

(1.) ON 3 -10 -1976 around 10 p.m. the appellant was languishing on a cot placed in front of his house by the side of the road. Vehicle bearing registration number ORP 6722 belonging to the State of Orissa (Respondent No. 2) suddenly rushed from the southern side of the road at a high speed dashed against his cot, then against the front verandah of the neighbouring house and moving along a distance of 30 to 40 cubits stopped near a public tap. The appellant was severely injured. The appellant alleged that he sustained fracture of his limbs. He was treated as an indoor patient at the head quarters hospital at Bolangir and then at the Medical College Hospital at Burla and he had almost become an invalied. At the relevant time his income was Rs. 600/ - per month and he claimed Rs. 85,000/ -as compensation.

(2.) THE appellant alleged that the vehicle belonging to respondent No. 2 at the time of the accident was being driven by respondent No. 1 who was then a Joint Director of Agriculture serving under the respondent No. 2, State of Orissa.

(3.) RESPONDENT No. 1, however, did not choose to contest at the hearing and was set ex parte. On behalf of the appellant, two witnesses were examined to peove that the accident was caused by the negligence of respondent No. 1. No evidence, either oral or documentary, was tendered on behalf of the respondents. The Tribunal, upon a consideration of the materials, held that the accident was due to 'sudden and unexpected failure of the brakes and steering system due to the breaking of the right front wheel suspension link'. It further found that the State was not liable for the unauthorised act of respondent No. 1. So holding, it dismissed the application of the appellant.