STATE OF ORISSA Vs. SURENDRA MOHARANA

JUDGEMENT

(1.) This is an appeal by the State of Orissa against the judgment/award of the second Motor Accident Claims Tribunal (Southern Division), Berhampur awarding a sum of Rs. 30,000.00 to the respondent with interest.

(2.) The short facts of the case shown of unnecessary details, are that on 31-3-91 at about 9 A.M., the claimant-respondent, while returning to his house from the market riding a bicycle on the left side of the road, the Road-Roller bearing Regn. No. 2605 driven in a rash and negligent manner dashed against him, as a result of which, he fell down from the cycle and sustained severe bodily injuries. A claim of Rs. 50,000.00 was made from the appellant.

(3.) The respondent State of Orissa through the Executive Engineer, P.W.D. filed the written statement disowning to pay any compensation on the ground, inter alia, that on the relevant date, the roller in question was being engaged for consolidation of the metal at liasahi on Ezlipadar-Sellaguntha road and all precautionary measures were taken by fixing red-flags at both the sides of the work area in order to check movement of the people. But the claimant-respondent came on a cycle with another boy and fell down on the road along with his cycle due to applying the front brake. It is further pleaded that road-roller in question was moving in a normal speed and the accident in question was not caused due to its rash and negligent driving, but due to the negligence of the claimant.