ORISSA ROAD TRANSPORT CO. LTD. Vs. SIBANANDA PATNAIK

JUDGEMENT

(1.) THIS is an appeal under Article 4 of the Orissa High Court Order read with Clause 10 of the Letters Patent and is directed against the appellate decision of our learned brother Acharya, J., in an appeal under Section 110 -D of the Motor Vehicles Act.

(2.) ONE Dr. Shyamananda Patnaik working as Joint Director of Soil Conservation in the employment of the State Government of Orissa was returning in his own car bearing registration No. ORC 7733 from Berhampur to Cuttack on 18.10.1969. The car was being driven by a driver by name Sk. Piru. By about 11 A.M. the car had to negotiate with a stage carriage vehicle bearing registration No. ORG 2743 belonging to the Orissa Road Transport Company when the car wanted to overtake the bus. This happened on the Bhubaneswar side of the Kuakhai bridge. According to the claimants, the driver had allowed pass for the car by giving appropriate: indication and after the car had overtaken the bus and had come to the left side of the road, i.e., while it was in front of the bus, a truck from the opposite direction came. Suddenly, the bus speeded up from behind and dashed against the car from the rear. As an impact of the dash, the car turned right and dashed against the incoming truck. As a result of the collision, Dr. Patnaik died at the spot.

(3.) THE bus owner preferred an appeal before this Court being Misc. Appeal No. 29 of 1973. The claimants preferred a cross -appeal. The learned Single Judge dismissed the appeal, but allowed the memorandum of cross -objection by enhancing the compensation from Rs. 75,000/ - to Rs. 97,605/ -. He modified the direction regarding interest and required interest to run from the date of the claim till payment.