ORISSA ROAD TRANSPORT COMPANY Vs. SANKAR PRADHAN

JUDGEMENT

(1.) THIS is an owner's appeal under Section 110 -D of the Motor Vehicles Act, 1939 (in short 'the Act').

(2.) IN this appeal it is not in dispute that on the 14th July, 1976 at about 8.30 a.m. the bus bearing No. ORO 4420 at the appellant was coming from Khurda side towards Nayagarh side. At that time the injured -claimant was coming from the opposite direction negotiating a down gradient. There was accident resulting in the injuries on the claimant.

(3.) THE owner has disputed the negligence as well as the compensation claimed. It specifically alleged that the accident was invited by the injured for which he is squarely responsible. Some documents were exhibited to prove the injury and the medical treatment undergone by the claimant. The claimant examined four witnesses in support of his claim and the owner examined three witnesses while disputing the claim.