BASANTI KUMARI DEI Vs. RAMA NARAYAN

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act is directed against the decision of the Second Motor Accidents Claims Tribunal rejecting the claim petition of the Appellants for compensation.

(2.) AROUND 2 p.m. on 18.10.1971, one Alekha Chandra Malik, a lower Division Assistant of the office of the Accountant General, Orissa, was coming on a bicycle on the road passing by the side of the Stewart School towards Raj Bhavan. At that point of time a jeep bearing registration number O.R.P. 2502 owned by Respondent No. 1 came from the side of Raj Bhavan on the self -same road. It is alleged that the jeep was being driven rashly and suddenly wanted to turn to the right with a view to taking the road towards the State Guest House at the joining point. With a view to saving himself, the deceased -cyclist moved towards his right so that the turning would be free and the jeep could pass without dashing against him. It is alleged that the jeep was moving in such a speed that it could not take a turn and it was obliged to keep on the straight track. It collided against the cyclist as also the western culvert. As a result of the impact the deceased was thrown to a considerable distance and ultimately succumbed to the injuries. The claim was laid for compensation of Rs. 40,000/ - by the parents and the widow. During the pendency of the application before the Tribunal, the father of the deceased died.

(3.) THE Tribunal found that there was no negligence on the part of the driver of the jeep and therefore, did not entertain the claim. The Tribunal, however, gave a finding that in case the claim was to be allowed, a total compensation of Rs. 6,000/ - was admissible to both the widows.