HINDUSTAN STEEL LTD Vs. C MALTHY

JUDGEMENT

(1.) THESE two appeals arise out of two applications filed under Section 110 -A of the Motor Vehicles Act by the legal representatives of K.A. Kutty and P. Verghese who died in an accident on 13 -3 -1975. The applications were heard analogously and were disposed of by a common judgment. As common questions are involved, these appeals were also heard analogously and are being disposed of by a judgment.

(2.) K .A. Kutty was an employee of Messrs Hackett Engineering Company. He was drawing a salary of Rs. 863/ - besides bonus and other benefits. Verghese was working as a Construction Assistant in the Rourkela Steel Plant of Hindustan Steel (now Steel Authority of India). On the tragic day, Kutty picked up his friend Verghese as a pillion rider and was proceeding on the ring road in front of S.K.D A.V. Polytechnic for woman towards Sector No. 13. From the opposite direction a bus bearing registration number ORO 3223 belonging to the Steel Plant driven by respondent No. 3 approached the scooter and it suddenly turned to its right, ran over the road island, dashed against the scooter and then against a tree and capsized. Kutty and Verghese were crushed under the bus and died at the spot. The claimants were the widow and minor daughter of Kutty and widow of Verghese. Separate applications were filed by them.

(3.) THE claimants examined three witnesses and the opposite parties examined the driver of the bus.