KRISHNA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is filed by the wife and the children of Kamal Kumar Das died in the motor vehicle accident on 12-9-1986 at about 2.40 a.m. near Nankaposi (Boinda) due to rash and negligent driving of the driver of the offending vehicle, jeep bearing registration No. ORN 3285, claiming enhancement of compensation questioning the correctness of the order dated 12-11-1997 passed by the Member, 2nd M.A.C.T., Northern Division, Sambalpur in Misc. (A) Case No. 15 of 1987 (D) awarding compensation of Rs. 2,24,160.00 urging various grounds and legal contentions.

(2.) On 11-9-1986 at about 9.00 p.m. the deceased along with V. L. Narayan and three others were travelling in the office jeep from Jharsuguda to Cuttack. V. L. Narayan and the deceased were occupying the front seats of the jeep and others were sitting on the back side. On 12-9-1986 at about 2.40 a.m. near Nankaposi (Boinda) due to rash and negligent driving of the driver of the offending vehicle, it suddenly dashed against the back side of a truck standing on the extreme left side of the National Highway. Due to the said accident, the deceased (lied on the spot and V. L. Narayan sustained injuries. V. L. Narayan had filed Misc. (A) Case No. 18 of 1997(D) which is not under challenge.

(3.) Before the Tribunal the accident was admitted by the opposite parties in the written statement. However, they denied the allegation that the accident took place due to the rash and negligent driving of the driver of the offending jeep. The case was taken at Dhenkanal camp and both the claim petitions were heard together and passed the common judgment, one of which is impugned herein.