PUSPALATA SAHU Vs. JAGDISH PRASAD MOHANTY

JUDGEMENT

(1.) The above appeals arise out of a common judgment dated10th December, 2007 passed by the 2nd MACT, Cuttack in Misc. Case Nos.231 and 232 of 2002. Since the issues involved in these appeals are common, they were taken up together for hearing and are disposed of by this common judgment.

(2.) MACA Nos.169 and 171 of 2008 were filed by the claimantappellants Puspalata Sahoo and others, and Tapaswini Bindhini and another respectively for enhancement of the amount of compensation awarded by the learned Tribunal whereas MACA Nos.350 and 349 of 2008 have been filed by the Oriental Insurance Company to reduce the amount of compensation on the ground that the same is high and excessive.

(3.) Claimant-Appellants case in a nutshell is that on 06.02.2002 at about 7.45 AM while both the deceased persons (Ramachandra Sahoo and Ajaya Charan Bindhani) were going in a Scooter from Bhubaneswar to Cuttack keeping themselves to the left side of the road, near Flora Petrol Pump, the offending Bus bearing registration No.OSP 4939 coming from 2Bhubaneswar being driven in rash and negligent manner at a high speed dashed against the said Scooter from its behind. As a result, both the deceased persons fell down and sustained grievous injuries. Deceased Ajay Charan Bindhani, who was riding the Scooter died at the spot and the deceased Ramachandra Sahoo, who was pillion rider, died in S.C.B. Medical College and Hospital, Cuttack.