PADMABATI SAHOO Vs. JADUMANI BEHERA

JUDGEMENT

(1.) THE common judgment and award of compensation dated 31.8.98 passed by Third Motor Accident Claims Tribunal, Puri in M.A.C.T. Misc. Case Nos.278/75 of 1989 -88, 279/1986,245/78 of 1989 -88 and 198/245/77 of 1993 -92 of 1988 is assailed in the aforesaid five Misc. Appeals. The accident as well as the facts and points of law in all the cases being one and the same, and by consent of all the parties, the five appeals were heard together.

(2.) ON 5.1.1988 the ill fated motor vehicle accident occurred on National Highway No. V. Dr. Sahadev Sahu, Professor in Surgery of S.C.B. Medical College -Hospital, Cuttack, his mother Bisakha Sahu, daughter, Sabita Kumari Sahu, who was serving as a Lecturer and Sri G.M. Mohanty, an Officer belonging to Indian Administrative Service and friend of Dr. Sahu were travelling in the Maruti Car of Dr. Sahu bearing Regn. No.OIC -3030. The Car was being driven by Dr. Sahadev Sahu himself. In between Bhubaneswar and Cuttack near Lakheswar Temple (Phulnakhara Crossing) a passenger bus coming from Bhubaneswar in high speed tried to overtake the Car. While doing so, as ill luck would have it, it gave a dash to the Car from the back side and due to such impact the driver of the car (Dr. Sahu) lost balance and the car was pushed to a distance. At that juncture a truck bearing Regn. No.OSC 9625 which was being driven from Cuttack to Bhubaneswar in a breaknake speed collided with the Maruti Car head -on. Consequently, the Car virtually was sandwiched and was smashed due to impact of the accident caused by the offending truck and the bus. Due to the accident all the passengers of the Car sustained grievous injuries and succumbed to the same on the spot.

(3.) MISC . Case No.279/76 of 1989/1988 was filed by the widow, sons, daughters of the deceased Dr. Sahadev Sahu claiming a compensation of Rs. 4,80,000/ - on the ground that the deceased at the time of his death was serving as Professor of Surgery in S.C.B. Medical College -Hospital, Cuttack. He was drawing a salary of Rs.6,000/ - per month besides Rs.500/ - per month from other sources out of his own profession being a reputed Surgeon. He was 54 years of age and was quite hale and hearty. On the date of his unfortunate death he had four years service left and was expected to rise to the post of Director of Health. It was averred that the deceased was contributing his entire income for the maintenance of the family and education of his children and the family had lost the dependency and was also deprived of the love and affection of the deceased for all times to come. The death, it is alleged, also caused untold misery and mental shock to the family members.