BACHANI DAS Vs. BAIKUNTHA NATH SWAIN

JUDGEMENT

(1.) HEARD Mr. D. K. Mohapatra, learned counsel for the appellant and Dr. A. K. Rath, learned counsel for the respondent No.2.

(2.) M .A.C.A. Nos. 345, 354, 355 and 356 of 2003 have been filed by the respective appellants challenging the common award/judgment dated 25.4.2003 passed by the learned Second M.A.C.T., Cuttack in Misc. Case Nos. 1057, 1058, 1059 and 1062 of 2000, which were dismissed on contest against opp.party No.2 and ex parte against opp.party No.1 on the ground that there is no acceptable evidence that the accident was caused due to rash and negligent driving of truck bearing Registration number OR -05 -E -3915.

(3.) DR . Rath, learned counsel appearing on behalf of the respondents submits that since one of the occupants of a Auto Rikshaw, who was a passenger as well as petitioner in one of the claim cases, has lodged the F.I.R. mentioning the number of the truck as OR -05 -E -1727 and if at all the Misc cases were filed claiming compensation, the same ought to have been filed against the owner and insurer of the above said vehicle, but not against the present vehicle i.e. OR -05 -E - 3915, even though charge sheet had been submitted against its driver. Further more, the person, who lodged the F.I.R. was examined as P.W.1 for all these cases, since all the claim petitions were taken up for hearing together and he was stated in his cross examination that the contention in the F.I.R. is correct and that while the Auto Rickshaw was on the move, the accident took place. In view of the above, once he has stated that the contention of the F.I.R. is correct, believing his statement, the learned trial Court has rightly rejected the claim applications filed by the claimant -petitioners. Dr. Rath, learned counsel further submits that the claimants ought to have made the owner and insurer of the Auto rickshaw in which they were traveling, as parties in these cases since the Auto rickshaw was also involved in the accident along with the truck as it appears from the evidence on record.