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 hearing 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 varendah 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 invalid. At the relevant time his income was Rs. 600.00 per month and he claimed Rs, 85,000.00 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 controverted the allegations and averred that the vehicle was being driven by the driver under the employment of respondent No. 2 and he was not even present in the vehicle. He pleaded, that the accident was due to sudden failure of the brakes. The plea of the respondent No. 2, was that the appellant was sleeping on a cot on the public road and as respondent No. 1 was driving the vehicle unauthorisedly, the latter was not liable.