BIMAL KUMAR DAS Vs. PARIJATA BEWA

JUDGEMENT

(1.) These two appeals, one by the owner of the motor vehicle and the other by one of the claimants, are under S.110-D of the Motor Vehicles Act, 1939 (in short 'the Act'). The extent of liability of the insurer being the common question involved in both the cases and the cause of action being the same, they are heard together and are disposed of by this judgement.

(2.) On 19-5-1979, the minibus bearing registration No. OSC 1899 was going from Khurda side to Balugaon side with passengers. On the way near Kimbhiripada it dashed against a trolly rickshaw from behind resulting in the death of the rickshaw puller as well as two passengers, namely, Narasingh Sahu and Kelu Senapati. Narsingh Sahu was a process server of the Civil Court. Kelu Senapati was a grocery dealer. The legal representatives of Narasingh and Kelu filed applications under S.110-A of the Act for compensation against the owner and the insurer.

(3.) On perusal of the materials on record, the Tribunal held that there was negligent driving of the vehicle as a result of which the accident occurred causing fatal injuries to both the passengers. Although the Tribunal found that the dependants of Narsingh, the deceased process server, were receiving Rs. 160/- per month from Narsingh Sahu, no compensation was awarded on account of the fact that his widow was receiving Rs. 135/- per month towards family pension. Compensation was awarded to the dependants of Kelu Senapati. They are satisfied with the quantum of compensation awarded and have not preferred any appeal.