NATIONAL INSURANCE CO LTD Vs. ACHUTANANDA SAHU

JUDGEMENT

(1.) In the winter night of 20th Feb., 1979 at 10.45 p.m., a passenger bus bearing registration No. OSC 5964 was proceeding from Cuttack towards Paradeep. It dashed against a road side standing truck bearing registration No. ORU 1053 near Kandarpur petrol pump. The helper of the truck sustained fatal injuries to succumb at the spot. A passenger in the bus also sustained some injuries. The parents of the helper who are his legal representatives and the injured passenger filed two claim applications under S.110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). The passenger of the bus claimed Rs. 50,000/- and the legal representatives of the helper claimed Rs. 40,000/- towards compensation. The owner of the bus remained ex parte. The insurer of the bus contested the claims and so far as the passenger of the bus is concerned he claimed its liability if any to the extent of Rs. 5,000/-.

(2.) Two witnesses were examined on behalf of the claimants and some documents relating to the injuries were proved by the passenger of the bus. The Tribunal on consideration of the materials found that there was negligence in driving the bus. Considering the contribution of the deceased to be Rs.2,400/- per year in respect of the deceased helper, it awarded compensation of Rs. 20,000/- by applying the multiple of ten years purchase. It determined the just compensation payable to the injured at Rs.16,610/-. Insurer has preferred Misc. Appeal No. 240 of 1982 against the award of Rs. 16,610/- and the legal representatives of the deceased helper have preferred Misc. Appeal No. 317 of 1982 claiming higher compensation.

(3.) There is no dispute that the bus dashed against the road side standing trick at night. The driver of the bus has not been examined in this case to prove the circumstances under which the accident occurred. Neither the owner nor the driver of the truck has been examined in what circumstances, the truck was parked at that place in the night. Excepting the injured, there is no other eye witness to prove the nature of the accident. From the nature of the accident it can safely be concluded that there was negligence in driving the vehicle. When the owner was not contesting it was the duty of the insurer to get the driver of the bus examined by getting the name of the owner. However, the facts are tell tale in this case. It is a common knowledge that Cuttack-Paradeep road is a busy road. Road-side is not a parking station for the motor vehicles and that the heavy vehicles like trucks. In the circumstances, I am of the view that parking of the truck on the roadside at night is a negligent act contributing to the accident. However, the owner of the truck and the insurer thereof not being parties to this claim, I need not delve into the matter leaving the question open to be agitated between the insurer of the bus and the owner and insurer of the truck to settle their liabilities among them mutually or through Court in accordance with law.