LAWS(ORI)-1987-2-4

STATE Vs. REBATI TIWARI

Decided On February 24, 1987
STATE Appellant
V/S
REBATI TIWARI Respondents

JUDGEMENT

(1.) Whether the owner of a truck would be liable for compensation for the unauthorised act of his driver carrying passengers in a goods truck in contravention of R.95 of the Orissa Motor Vehicle Rules, 1940 (for short, the "Rules") is the short and somewhat ticklish question which falls for determination in this appeal.

(2.) On 6-8-1979, the truck bearing No. ORP 6124 was going from Jamankira to Khairipalli. The victim Purna Ch. Tiwari, then aged about 35 years, was travelling in the said truck. At about 3 p.m., when the truck was negotiating a ghat road on the National Highway from Sambalpur to Keonjhar, met with an accident as a result of which all the occupants fell down about 20 feet below the culvert. Purna Chandra unfortunately died in the accident.

(3.) A case for compensation u/s. 110A of the Motor Vehicles Act (hereinafter referred to as the 'Act') was filed before the Claims Tribunal by the young widow of the victim (aged only 31 years) claiming a compensation of Rs. 34,000/- on the ground that the death of her husband was as a result of the rash and negligent d riving of the vehicle by its driver.