LAWS(ORI)-1988-4-11

PRAKASH ROCHAN NAYAK Vs. GENERAL MANAGER ORISSA STATE

Decided On April 15, 1988
Prakash Rochan Nayak Appellant
V/S
General Manager Orissa State Respondents

JUDGEMENT

(1.) Claimant is the appellant under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').

(2.) IT is undisputed that on 5 -12 -1981, the Public Bus bearing Registration No. OSO 5176, was moving from Rourkela to Kayangola. Deceased father of the appellant who was a Lascar in 9th Orissa Battalion, National Cadet Corps, Rourkela was a passenger in the bus. When at about 10.30 P.M. near the check -gate at Barbil, the driver of the bus PW 2, swerved it to the left to avoid head on collision with a truck coming from the front, the bus ran over some heaps of metal stacked on both sides of the road. As a result, the bus jerked and six passengers sustained injuries. Deceased sustained head injuries for which he was removed to Sriram Chandra Bhanj Medical College Hospital at Cuttack where he succumbed on 7 -12 -1981, at about 4.45 P.M.

(3.) THE conductor and the driver of the bus has been examined as PWs 1 and DW 1 respectively. A copy of the First Information Report lodged immediately after the occurrence in the Barbil Police -station has been produced and the certificate granted by the Administrative Officer of the 9th Orissa Battalion, National Cadet Corps, Rourkela indicating he period for which the deceased would have served and the pay he was getting at the time of his death were filed in support of the claim.