P K PANDA Vs. PREMALATA CHOUDHURY

JUDGEMENT

(1.) This is an appeal under Section 110-D of the Motor Vehicles Act against the decision of the Second Motor Accident Claims Tribunal, Puri awarding a compensation of Rs. 30,000/- in favour of respondents 1 to 6.

(2.) The accident which resulted in the death of Khetramohan Choudhury, an Advocate of this Court, occurred on 17-7-73 and it involved a motor cycle hearing No. ORO 9230. This motor cycle was purchased by respondent No. 7 Shyarna Sundar Misra on 16-5-73 and was registered in his name. He has taken an insurance policy from the New India Assurance Company Limited (respondent No. 8), which was valid till 16-5-74. The appellant Prafulla Kumar Panda is the sister's husband of the said Shyama Sundar Misra. The motor cycle had been given to him as dowry on the occasion or his marriage which took place on 27-5-73.

(3.) Respondent No. 1 is the widow of late Khetramohan Choudhury and respondents 2 to 6 are his children. They claimed a compensation of Rs. 1,28,000/-alleging that Shri P.K. Panda had engaged late Choudhury to defend him in a case at Puri and on the date of accident Shri Panda requested late Choudhury to go to Puri in that connexion. Though late Choudhury wanted to travel by train or bus, Shri Panda insisted on taking him on his motor cycle. Late Choudhury reluctantly agreed to travel on the back of the motor cycle. Shri Panda drove the motor cycle at a high speed most rashly and negligently and caused the accident. As a result of this accident, late Choudhury was thrown out of the motor cycle and he sustained serious injuries which resulted in his death. According to the claimants, late Choudhury was earning about Rs. 1,000/- per month and was contributing Rs. 800/-per month for maintenance of his family. He was aged 47 years at the time of his death and would have normally lived up to the age of at least 70 years. The claimants contended that Shri P.K. Panda, Shri S.S. Misra and the New India Assurance Company Ltd., were jointly and severally liable to pay the compensation.