STATE OF ORISSA Vs. ARCHANA NAIK AND ORS.

JUDGEMENT

(1.) THIS appeal is by the State of Orissa and is directed against the order dated 14. 5. 71 of the Motor Accidents Claims Tribunal, Puri (hereinafter referred to as the 'Tribunal') granting compensation to the tune of Rs. 70,000/ - to Respondent No. 1, widow of deceased Surendra Kumar Naik, and his child who is Respondent No. 2, in a claim case filed under Section 110 A of the Motor Vehicles Act. The Tribunal apportioned this liability amongst the Appellant, the Insurance Company (Respondent No. 3) and the owner of the truck involved in the accident (Respondent No. 4) by which the Appellant, Respondents Nos. 3 and 4 were directed to pay an amount of Rs. 35,000/ - Rs. 16,000/ - and Rs. 19,0C0/ - respectively.

(2.) THE claimants, as already stated, are the widow and the child of the deceased Surendra Kumar Naik, an O.A.S. Class II Officer who was serving the Appellant on the date of accident. Their case is that on 12. 6. 69 at about 8 a. m. he came to Cuttack from Bhubaneswar on official duty in station wagon registered as O R.C. 3442 along with one J, B. Singh, Joint Director of Industries (P. W. 2). He was returning to Bhubaneswar in the station wagon in the afternoon of that day. At about 2 p. m. while the station wagon was at a short distance away from the Vani Vihar Crossing, a truck bearing No. O R.U. 1053 belonging to Respondent No. 4 came from Khandagiri side along the National High way with high speed and collided head -on with the station wagon. As a result of this collision three persons died, namely, Surendra Kumar Naik, husband of Respondent No. 1, mother -in -law of the Joint Director Jiban Ballav Singh and the driver of the station wagon. The mother -in -law of P.W. 2 died on the spot, Surendra Kumar Naik died on his way to the hospital and the driver died in the hospital. P.W. 2 himself was badly injured and became unconscious. He regained consciousness only after 48 hours of the accident. P.W. 4, Sub -Inspector of Police, then attached to Capital Police Station, Bhubaneswar arrived at the spot within an hour of the accident. He prepared the spot map (Ex. 1), seized the two vehicles, measured the skid mark of the truck as well as of the station wagon. The Motor Vehicles Inspector also examined the vehicles involved in the accident and submitted his report. P.W 3, on the requisition of P W. 4, took photograph of the two vehicles at the spot. Ex. 7 is the negative of the photograph and Ex. 8 is a photo print of one of the negatives.

(3.) THE specific case of the claimants in their claim petition was that both the vehicles were negligent and basing their case on the theory of composite negligence the claimants asserted that the Appellant, owner of the station wagon, and Respondent No. 4, owner of the truck, were jointly and severally liable for the total amount of compensation claimed.