KANHEI RANA Vs. GANGADHAR SWAIN

JUDGEMENT

(1.) The present A. H. 0: is at the instance of the unfortunate parents who have lost their son as their claim application was dismissed by the Tribunal and the judgment being affirmed by the learned single Judge of this Court.

(2.) IT transpires from the materials on record that one Laxmidhar Rana lost his life on 30 -1 -1933. It transpires further that the deceased and some other labourers went in a truck bearing Registration No. OSC 4871 belonging to Gangadhar Swain and Jagannath Swain being Respondents 1 and 2 in Misc. Appeal No. 346 of 1989 to load wooden logs at Nrutang. After loading the truck the deceased was, standing on the left side of the road and at that time the driver of the truck suddenly started the vehicle without using its horn and/or without focussing the light and dashed against the deceased. The claim petition was filed before the M. A. C. T., Cuttack being Misc. Case No. 212 of 1983.

(3.) THE Tribunal held, inter alia, that two competitions had been filed under Section 110 -A of the Motor Vehicles Act for the same cause of action. First one on 13 -5 -1983 and the second one on 30 -7 -1983. The former case had been withdrawn while the petitioners preferred to proceed with the fatter. On an analysis of the evidence on record, the Tribunal found that the petitioners had failed to establish that the death, of the deceased Laxmidhar Rana was due to the rash and negligent driving of the - vehicle OSC 4871. On the other hand, it was more probable of a log fell on him when the truck was being loaded with logs. Issue No. 1 was answered against the petitioners. - - - -