LAHARI RAM Vs. MAHENDRA SINGH

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act and has been directed against the award of compensation made by the second Motor Accidents Claims Tribunal of Puri.

(2.) ON 31.3.1973, around 3 p.m. a motor mechanic by name Asoka Kumar Ram, then aged about 24 years, was returning from Balugaon to Bhubaneswar on a scooter. Behind him on the scooter was seated P.W. 2, the helper of a truck bearing registration number O.R.U. 3729 which had gone out of order and for the repair of the same, the deceased had been brought to Balugaon from Bhubaneswar. On the National Highway No. 5 between Khurda and Balugaon and near about the village Kuradhamal, a truck bearing registration number O.R.U. 5285 was found proceeding towards Khurda. The scooter of the deceased was behind the said truck. Near about Kuradhamal, the truck made way by going to the left of the road to allow passage for an on coming truck from the opposite side. The on coming truck passed and thereafter the truck bearing registration number O.R.U. 5285 again came to the middle of the road. At that point, the scooter dashed on the right side of the truck and both the deceased and also P.W. 2 were thrown away along with the scooter. P.W. 2 sustained minor injuries while the injuries on the deceased grew fatal. He had been first removed to the Khurda hospital by P.W. 2 and latter he was taken to the hospital at Cuttack where he succumbed to his injuries. According to the claimants the deceased had blown horn and the driver of the truck was aware of the passing of the scooter by the side of the truck, yet being negligent the truck driver still moved his vehicle to the right of the road as a result of which the unfortunate incident took place.

(3.) BOTH the owner and the Insurer entered contest. There was no dispute that the vehicle was duly insured with the insurer. Their stand was that there was no negligence on the part of the truck driver and no compensation was payable. At any rate, the amount claimed as compensation was excessive.