NEW INDIA ASSURANCE CO Vs. BUDHEI BEWA

JUDGEMENT

(1.) This appeal arises out of the judgment of the Motor Accident Claims Tribunal, Dhenkanal in Motor Accident Claim Misc. Case No. 6 of 1974. The petitioners before the Tribunal were the widow and the children of deceased Bidura Behera who claimed a compensation under S.110A of the Motor Vehicles Act.

(2.) The case of the petitioners, in short, is that the deceased was working as a day labourer in loading and unloading bamboos in the truck bearing registration No. ORC/4925. On 13-5-74 at about 7.00 p.m., the deceased was proceeding to Hindol Road Railway Station depot in the truck to unload the bamboos. The truck had to pass through the western level crossing of the railway line and while going through the said level crossing a railway engine running without light and whistle dashed against the aforesaid truck as a consequence of which the truck was dragged on to a distance and resulted in instantaneous death of the deceased. It was claimed that at the relevant time, the deceased was 35 years old and was having a monthly income of Rs. 150/-. A total compensation of Rs. 35,500/-was claimed deducting Rs. 500/- paid by the Railway to meet the funeral expenses of the deceased. Opposite Party No. 1 is the South Eastern Railway. The vehicle having been registered in the name of Opposite Party No. 2, he was impleaded and it is said that Opposite Party No. 3 had temporarily become the owner of the vehicle at the relevant time. Opposite Party No. 4 is the driver of the truck and Opposite Party No. 5 is the Insurance Company.

(3.) Opposite Party No. 1 filed a written statement contending that no liability can be fixed against the Railway and the claim is thoroughly misconceived. It was also stated that the driver of the truck was expected to stop the vehicle and watch if any train was approaching specially because of the fact that it was an unmanned level crossing. It was further pleaded that the engine while moving was giving whistle and the driver of the vehicle should have been more careful.