GENERAL MANAGER, ORISSA STATE ROAD TRANSPORT CORPORATION Vs. MADHBI BHOLANI AND OTHERS
LAWS(ORI)-1988-1-30
HIGH COURT OF ORISSA
Decided on January 25,1988

GENERAL MANAGER, ORISSA STATE ROAD TRANSPORT CORPORATION Appellant
VERSUS
Madhbi Bholani And Others Respondents

JUDGEMENT

G. B. Patnaik, J. - (1.) The General Manager, Orissa State Road Transport Corporation and its District Transport Manager are the appellants against the award of the Second Motor Accident Claims Tribunal, Northern Division, Sambalpur.
(2.) The deceased, Sambhu Prasad Bhoi, aged about 25 years, was going on bicycle from his village to Sonepur on 12th January, 1977. At about 2.00 p.m. on the said day while he was so going, it is alleged that the bus belonging to the appellants which was being driven rashly and negligently dashed against the deceased while he was still on the earthen portion of the road on the left. As a result of such accident, the deceased sustained injuries on his chest and hand and was removed to the hospital at Sonepur where he died soon after reaching the hospital. The claimants are the legal representatives of the deceased.
(3.) The stand of the appellants before the Tribunal was that the bus was being driven slowly but the accident took place only when the ceased suddenly tried to cross the road from left to right. The turning of the deceased was so sudden that even applying the brakes, the bus could not be stopped and it dashed against the deceased. According to the appellants, it was the deceased who was negligent and not the driver of the vehicle and, therefore, the appellants were not liable to pay any compensation.;


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