ORISSA ROAD TRANSPORT CO LTD Vs. UMAKANTA SINGH

JUDGEMENT

(1.) Determination of just compensation to the persons injured and the legal representatives of the persons, who became victims of the collision between a passenger bus of the appellant and 37-Up Howrah-Madras Janata Express, is the subject-matter of these four appeals under S.110-D of the Motor Vehicles Act, 1939 (in short 'the Act'). The learned single Judge who heard these four appeals has referred them to be decided by a Division Bench, since he could not accept the principle adopted by an earlier single Judge decision of this Court reported in AIR 1983 Orissa 193 (Commissioner, N.C.C. Group, Cuttack v. Smt. Nirmala Maharana). The passage in dispute reads as follows :-

(2.) Mr. Y.S.N. Murty, the learned counsel for the appellant, taking advantage of the order of reference where the learned single Judge referred the appeals to be decided by the Division Bench challenged the award of the Tribunal on all points. In spite of the fact that the learned single Judge gave clear findings on all points, except determination of the just compensation, we permitted Mr. Murty to argue on all points since on account of the matter being referred to a Division Bench the appellant lost the tight of appeal to Division Bench against the order of the learned single Judge.

(3.) All the claim applications were heard together by the Tribunal and one set of evidence was led There was one common award against Which these four appeals have been filed. The learned single Judge heard all the four appeals together. Since these appeals arise out of the same facts and common questions are involved, we heard them analogously and they are disposed of by this common judgement.