ORISSA ROAD TRANSPORT COMPANY Vs. BAULA BEWA

JUDGEMENT

(1.) OWNER is the appellant in this appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). The claimants have filed a cross-objection against the finding of contributory negligence and for enhancement of the compensation determined under Section 110-B of the Act.

(2.) UNDISPUTABLY , the passenger bus of the appellant bearing registration No. ORP 6743, while going from Banki to Cuttack, dashed against deceased Adhikary Mangaraj when he was turning to the right to approach the road leading to Retang Railway Station on his cycle. Adhikary died at the spot sustaining injuries.

(3.) THE claimants examined three eye-witnesses to the occurrence to prove the negligence and the widow of the deceased examined herself to prove the loss of dependency. The driver and a passenger of the bus were examined as two witnesses on behalf of the owner to explain the cause of accident. No document was filed on either side to prove the nature of the accident or the income and dependency of the claimants.