The term "use of a motor vehicle" in Section 110 of the Motor Vehicles Act, 1939 has a wider connotation and covers accidents that occur both when the vehicle is in motion and when it is stationary.

JUDGMENT :

S. Chatterji, A.C.J.

1. The present A. H. 0: is at the instance of the unfortunate parents who have lost their son as their claim application was dismissed by the Tribunal and the judgment being affirmed by the learned single Judge of this Court.

2. It transpires from the materials on record that one Laxmidhar Rana lost his life on 30-1-1933. It transpires further that the deceased and some other labourers went in a truck bearing Registration No. OSC 4871 belonging to Gangadhar Swain and Jagannath Swain being Respondents 1 and 2 in Misc. Appeal No. 346 of 1989 to load wooden logs at Nrutang. After loading the truck the deceased was, standing on the left side of the road and at that time the driver of the truck suddenly started the vehicle without using its horn and/or without focussing the light and dashed against the deceased. The claim petition was filed before the M. A. C. T., Cuttack being Misc. Case No. 212 of 1983.

3. The " ribunal framed there issues as follows :

(i) If the death of Laxmidhar Rana was due to the rash and negligent driving of the vehicle OSC 4871 by its driver ?

(ii) If the claimants are entitled to get any compensation, if so, to what extent and from whom ?

(iii) To what relief, if any, the petitioners entitled ?

4. The Tribunal held, inter alia, that two competitions had been filed u/s 110-A of the Motor Vehicles Act for the same cause of action. First one on 13-5-1983 and the second one on 30-7-1983. The former case had been withdrawn while the petitioners preferred to proceed with the fatter. On an analysis of the evidence on record, the Tribunal found that the petitioners had failed to establish that the death, of the deceased Laxmidhar Rana was due to the rash and negligent driving of the- vehicle OSC 4871. On the other hand, it was more probable of a log fell on him when the truck was being loaded with logs. Issue No. 1 was answered against the petitioners.

5. Regarding Issue No. 2, the Tribunal held further that the accident did not arise out of the use of the motor vehicle and hence the petition under Sec, 110-A of the Motor Vehicles Act, 1939 could not be maintained.

6. Regarding Issue No. 3, it was held that in view of the findings on Issue Nos. 1 and 2, the claim petition was dismissed and the petitioners were not found entitled to any relief.

7. Being aggrieved by and dissatisfied with the findings of the Tribunal Misc. Appeal No. 346/89 was preferred. By Judgment dated 3-4-1992 the learned single Judge of this Court has since dismissed the appeal observing inter alia, that if the appellants are entitled to any relief under the Workmen*' Compensation Act, they may work out it in a proper forum.

8. The learned single Judge has first dealt with the case of the respective parties relating to the cause of death. It is observed that while the claimants' case is that on account of sudden starting of the vehicle and its dashing against the deceased the accident occurred, the stand of the Insured was that the deceased was working as a coolie in the truck and after loading of logs the deceased suddenly went to the front side of the truck as a result of which the accident occurred. However, the Tribunal had recorded a positive finding on analysis of the evidence that the death of the deceased was due to fall of a log on him when the truck was being loaded with logs. on consideration of the rival stands relating to the cause of death, the conclusion of the Tribunal was found to be sound and the learned single Judge has., concurred with such finding of the Tribunal. The other aspect was considered regarding use of the motor vehicles.

9 The expression "use of a motor vehicle" in Section 9-2-A covers accident which occurs both when the vehicle is in motion and when it is stationary. The word "use" has a wider connotation to cover the period when the vehicle is not in motion and is stationary. The learned single Judge has observed that a vehicle does not cease to be in use when it is rendered immobile on ac