PRAFULLA KUMARI PRADHAN Vs. ORIENT PAPER MILLS LTD

JUDGEMENT

(1.) These three appeals arise out of three different miscellaneous cases wherein the Second Motor Accident Claims Tribunal passed orders on the same date, namely 30-6-1978 and the point in issue is also the same and, therefore, all these three appeals were heard together and are being disposed of by this common judgment.

(2.) Miscellaneous Appeal No. 166 of 1978 arises out of Miscellaneous Case No. 57 of 1976 wherein the claimants are the wife, the minor daughters' and the parents of the deceased Kanhu Charan Pradhan. Miscellaneous Appeal No. 167 of 1978 arises out of Misc. Case No. 56 of 1976 wherein the wife and minor children of deceased Purandar Mallik are the claimants. Miscellaneous Appeal No. 168 of 1978 arises out of Miscellaneous Case No. 85 of 1976 wherein the wife and minor children of deceased Gumani Bchera are the claimants.

(3.) All these cases arise nut of one and the same accident which took place on 22-5-1976 at about 4 P.M. near village Takara. The truck bearing number ORS 3712 belonging to the Orient Paper Mills came with a high speed being driven rashly and negligently without blowing horn and crushed over a number of persons out of whom four died on the spot and others were injured. In Miscellaneous Case No. 57 of 1976, the deceased was a forest guard and the claimants claimed compensation to the tune of Rs. 85,000. In Miscellaneous Case No. 56 of 1976, the deceased was a skilled labourer and compensation to the tune of Rs. 50,000 was claimed by the claimants. In Miscellaneous Case No. 85 of 1976, the deceased was a student and compensation to the tune of Rs. 30,000 had been claimed by the claimants.