GOLAK CHANDRA DAS Vs. KOUSALYA NAYAK

JUDGEMENT

(1.) THIS appeal under Section 110 -D of the Motor Vehicles Act is carried against the Award made by the Second Motor Accident Claims Tribunal of Cuttack awarding compensation of Rs. 16,983/ - to Respondents 1 to 5. The Tribunal apportioned the compensation between the Insurer of the bus and the owner of the jeep by directing 3/4th of the amount to be borne by the Appellant (jeep -owner) and 1/4th by the Insurer of the bus on behalf of the bus owner. The owner of the jeep has filed this appeal and the Insurer of the bus has accepted the Award. A cross -objection has been filed by the claimants asking for higher compensation.

(2.) THE short facts of the case for appreciating the points arising in the appeal are the following : On 4.12.1971, around 7.30 p.m. the deceased Niranjan Nayak was travelling from Paradeep to Kujanga (towards Cuttack) in a jeep bearing registration number ORU 2063 and the said jeep was being used to carry passengers on hire. ORC 910 being a stage -carriage vehicle of which late Banamali Dalabehera was the registered owner was coming from the opposite -direction (towards Paradeep). The claimants alleged that the bus driver was drunk and had no control over his vehicle. At the place of accident, the driver of the bus without giving any indication suddenly swerved his vehicle to its right as a result of which the bus violently dashed against the jeep. The deceased who was sitting by the side of the driver of the jeep was thrown out and was dragged by the wheels of the bus and crushed into pieces. The deceased was a healthy and active managed around 45 years. He had been employed under Government and was currently drawing a salary of Rs. 400/ -. Besides, he was a pensioner to the tune of Rs. 60/ - per month for prior military service. The contribution of the deceased to the members of the family was Rs. 300/ -per month and the entire family depended upon the said income.

(3.) BOTH these contentions seem to be without any basis. P.W. 2, a passenger of the ill -fated jeep has said that the vehicle was moving at normal speed on the left side of the road. In cross -examination, he said: