PURNA CHANDRA PRADHAN Vs. M. KHAN AND ANOTHER

JUDGEMENT

(1.) The injured-claimant who at the relevant time was driving his autorickshaw met with an accident with a truck tearing registration No. ORC 4571. It was alleged that on 25-8-1989 when the appellant was driving his auto-rickshaw bearing registration No. ORB 2157 and proceeding from Balasore to Haldipada on the national highway, at a place near Nidhipanda Chhak the aforesaid truck came from the opposite direction at high speed and dashed against the auto-rickshaw causing damage to the autorickshaw and injury to the person of the claimant. A claim being lodged, the learned M.A.C.T., on consideration of the evidence and materials, awarded compensation of Rs. 10 000.00 for the damage the claimant sustained to his right ear, Rs.100.00 towards the expenses for treatment, and Rs. 1000.00 for the damage to the auto-rickshaw. Since the learned Tribunal found that the appellant was also liable for contributing negligence in causing the accident by driving the auto-rickshaw with overloaded articles and passengers, it reduced the amount of compensation to half, i.e. Rs. 5,550.00.

(2.) Mr. R. N. Mohanty, learned counsel for the appellant submitted that the learned Tribunal erred in holding that the claimant contributed to the cause of accident. Mr. A. K. Mohanty, learned counsel for the respondent No. 2, however, supported the judgment of the learned Tribunal.

(3.) Having gone through the judgment of the learned Tribunal, I find, though the learned Tribunal observed and found that the appellant also contributed to the cause of the accident, yet it is not mentioned in the judgment as loin what manner the appellant contributed to the accident. In the absence of any material on record that the auto-rickshaw was carrying passengers beyond its permissible capacity or that the articles loaded in the vehicle by itself created a highly inconvenient position and/or situation which made it difficult for the appellant to drive the auto-rickshaw and thereby contributed to the accident, I am unable to accept that merely because, the injured carrying articles, by itself without anything more could be said to contribute to the cause of accident and therefore. I am not inclined to accept the finding of the learned Tribunal on that score. No reason has been given as to how he contributed to the cause of the accident. This part of the finding of the learned Tribunal is set aside.