STATE OF ODISHA Vs. LOPINTI MENAKA

JUDGEMENT

(1.) The State of Odisha is in an appeal U/S.173(1) of the Motor Vehicles Act (in short, "the Act") against the impugned judgment dtd. 24/3/2023 passed by the learned 1st Motor Accident Claims Tribunal, Gajapati, Paralakhemundi (hereinafter referred to as the "Tribunal") 2021 directing the State in MAC Case No.03 of to pay a sum of Rs.31,92,000.00 to the Respondent Nos.1 to 4-cum-claimants in MAC No.03 of 2021 for the death of their sole bread earner Lopinti Rama Rao (hereinafter referred to as "the deceased") in a motor vehicular accident.

(2.) Bereft of unnecessary details, the present appeal arises out of MAC No.03 of 2021 filed by the claimants-(R1 to 4) for compensation towards death of the deceased in an accident which took place on 30/11/2018 when the Truck bearing Regd. No.AP-07- TT-3299 (in short, "the Truck") belonging to the deceased under requisition of rent of the Gajapati District Administration to provide relief to the people affected with cyclone Titili" being driven by one A. Narayan Rao was carrying 2997 numbers of black colour blankets together with the deceased and one Government official namely Malay Kumar Tripathy from Paralakhemundi to unload the consignment at Mohana Block, Gajapati, on the way on NH-326-A near Badapada Chhak turning, it capsized by hitting the guard wall of the curve resulting in death of the deceased and the other two occupants in the accident. On this accident, R.Udayagiri PS Case No.77 of 2018 was registered and the legal representatives of the deceased approached the learned Tribunal in an application U/S.166 of the Act for compensation by impleading the State of Odisha and insurer of the Truck and pleading inter-alia that the deceased was earning Rs.30,000.00 per month and maintaining them(claimants), but due to death of the deceased, they are unable to maintain themselves. In response to the notice of the claim, the State of Odisha (appellant herein) contested the claim by filing its written statement denying its liability to compensate the claimants, but it admitted the accident with death of the deceased, however, it took further plea that it has paid Rs.4,00,000.00 as a ex-gratia compensation to the claimants. The State of Odisha also took further plea in its written statement that since the deceased was the owner of the Truck and died in the accident out of use of such vehicle; he is, thereby, not the 3rd party and the claimants claim for compensation cannot be considered as 3rd party claim. The insurer of the Truck in its written statement denied its liability to pay compensation to the claimants on the ground that since the State had requisitioned the Truck, it was the owner of the said Truck at the relevant time of accident and, thereby, the State is liable for the act of its driver and it, therefore, is liable to pay compensation to the claimants.

(3.) On inter-se pleadings between the parties, the learned Tribunal struck six issues and, accordingly, allowed the parties to lead evidence, but the claimants only led evidence by examining three witnesses vide PWs.1 to 3 and proved 17 documents under Exts.1 to 17 as against no evidence whatsoever by the State or the insurer of the Truck. After analyzing the evidence on record upon hearing the parties, the learned Tribunal passed the impugned judgment directing the State to pay the compensation indicating supra to the claimants together with simple interest @ 6% per annum w.e.f. filing of petition from 31/3/2021 till realization, but being aggrieved, the State of Odisha has preferred this appeal mainly on the ground to shift the liability of paying compensation to Respondent-insurer (R5).