CHANI BEWA Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER No. 1 is the widowed mother and petitioner Nos. 2 and 3 are the brother and sister of the deceased. They have approached this court praying that they may be paid compensation to the tune of Rs. 1,00,000/ - on the ground that deceased Niranjan Sethi was working under a private transport firm and was earning Rs. 600/ - per month and on the date of occurrence, while he was standing near the O.M.P. Crossing waiting for a bus to go to Paradeep, a branch of a nearby banian tree fell down and hit the head of the said Niranjan as a result of which he sustained bleeding injury. He was removed to the S.C.B. Medical College Hospital and in the hospital he died. It has been alleged that the tree in question was in a dangerous condition and the opposite parties had not taken reasonable care and had not given any warning to the pedestrians or any passengers waiting for the bus near the tree in question and by allowing such worn -out dangerous tree to be there on the road, opposite parties are liable to pay compensation since the deceased while standing underneath the tree sustained the injury and ultimately succumbed to the same.

(2.) OPPOSITE party Nos. 1 and 2 have filed a counter -affidavit taking the stand that on 27.9.1988 the tree had been sold to opposite party No. 3 and, therefore, opposite party Nos. 1 and 2 cannot be held liable for allowing the tree to be there on 28.9.1988, when the accident occurred. By amendment to the writ application, the opposite party No. 3 who was not originally a party to the writ application was made a party, but no counter -affidavit has been filed on behalf of opposite party No. 3. Mr. Mohanty appearing for the opposite party No. 3 does not dispute the position that the tree had been sold to opposite party No. 3 on 27.9.1988.