STATE Vs. AMRUTA DEI

JUDGEMENT

(1.) This appeal is directed against the judgement of a learned Judge of this Court awarding a sum of Rs. 74,834/- to the claimants in M.A. No. 51 of 1979 and a further sum of Rs. 49,680/- to the claimants in M.A. No. 52 of 1979 with interest @ 6 per cent per annum.

(2.) The facts : In the morning of 9-1-1977, the Regional Transport Officer, Sundargarh, preceded to Purunapani via-Birmitrapur in the Government Jeep ORN 290, being driven by the office driver (P.W. 3) for checking of vehicles. He was accompanied by the Junior Motor Vehicle Inspector (O.P.W. 2) and Shri G.C. Patnaik, Enforcement Inspector. Deceased Lingaraj Behera and Bipin Behari Pradhan, both Office Assistants, and two Constables were also in the jeep. After the day's duty, the party after taking their food at about 11.30 p.m. was returning. The Enforcement Inspector sat on the driving wheel asking the office driver to go to the back seat. When the jeep had reached 2-3-kilometres before Paramadihi, it dashed against a tree resulting in the instantaneous death of the Enforcement Inspector and the two Office Assistants.

(3.) Before the Claims Tribunal, the State of Orissa, while admitting the fact of the accident, took a plea that the accident had taken place due to the bursting of the rear tyre of the jeep and, in any case, it was not liable for any damages as the accident took place while the jeep was engaged in discharging a sovereign function.