JUDGMENT

B. P. DAS, J. — The State of Orissa has filed the aforesaid two appeals challenging the common judgment dated 31.3.1992 passed by the 2nd. Motor Accidents Claims Tribunal (S.D.), Berham¬pur, in M.A.C. No.327/88 (339/87) and No.83/88 (196/87) respec¬tively awarding compensation of Rs.2,60,000/- for the death of deceased-Prakash Chandra Padhi and Rs.30,000/- in favour of the injured-Giridhari Palai, and saddling the liability of pay¬ment of the aforesaid compensation on the present appellant.

2. The brief facts leading to the present appeals may be stated thus : On 24.5.1987 the deceased-Prakash Chandra Padhi, while posted as the Officer-in-charge of Kodala Police Station, requisitioned a private vehicle, namely, a mini truck, bearing registration No. O.S.G. 1974 belonging to Kailash Chandra Nayak for deployment on official duty as no Govt. vehicle was then available in the police station. The deceased along with his staff proceeded in the said vehicle with its driver to Polosara on official duty and on the way near Budhamba on Aska-Khallikote main road at about 11 p.m. the vehicle met with an accident when it dashed against a culvert and capsized. As a result of such accide