STATE OF ORISSA Vs. NALINI KUMARI

JUDGEMENT

(1.) In this appeal, the State of Orissa has assailed the award passed by the Motor Accidents Claims Tribunal, Puri, granting compensation of Rs. 70,000/- to the dependents of one Girish Chandra Patnaik, who died in an accident while travelling in a jeep belonging to the appellants.

(2.) Girish was the Inspector attached to Motor Vehicle Enforcement. Section functioning at Sundargarh. On 8-1-1977, in course of duty, he was travelling in the jeep bearing registration number O.R.N. 290. At a distance of 5 kilometres from Sundargarh on the return journey from Rourkela, while negotiating a sharp 'U' turn, the vehicle dashed against a tree and overturned, and the inmates were thrown off in the fields at a distance of about 150 feet from the road. Girish died while the other inmates were injured. Girish left behind his widow and five minor children three sons and two daughters, who made an application under S.110-A of the Motor Vehicles Act claiming compensation of Rs. 2,60,000/-. It was alleged that the vehicle was being driven by the driver at an excessive speed and his rash and negligent driving was the cause of the accident.

(3.) The defence of the appellants was that the accident occurred due to the rash and negligent driving of Girish, who was unauthorisedly driving the vehicle at the relevant time. It was further alleged that the accident was due to bursting of tyre.