ANADI TANDI Vs. JAGANNATH SAHU

JUDGEMENT

(1.) Both the appeals have been filed by the claimant against respective judgments dtd. 28/2/2011 of learned ADJ-cum-MACT, Balangir in MAC No. 135/67 of 2008-2010 and MAC No. 134/66 of 2008-2010.

(2.) Present Appellant namely Anadi Tandi filed two claim applications concerning death of his wife Nira Tandi and minor daughter Uma Tandi. It is stated that on 10/8/2008 when the deceased persons were returning to their village in the offending Jeep bearing registration number OR-17-A-6355, on the way on a down bridge over river Suktel which was swollen with flood water, the vehicle washed away in the flood water with its occupants including both the deceased persons. Rescue operation was undertaken and the F.I.R. lodged on the next day. Three dead bodies could be recovered other than the bodies of Nira Tandi and Uma Tandi, the alleged deceased persons. Police submitted the charge-sheet stating that 21 occupants were there in the offending Jeep and due to the accident 3 persons died as well as 12 persons were injured. There was no mention of death of Nira Tandi or Uma Tandi in the police report.

(3.) The claimant examined 5 witnesses namely, Hada Tandi, Parvati Tandi, Kunti Jal, Kasturi Tandi and Sahadev Tandi as P.W.1 to P.W.5. But the claimant did not choose to examine himself as a witness.