SHANTILATA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) By an award dated 16-121991 in Miscellaneous Case No. 61/140(C) of 1990/89, the Third Motor Accident Claims Tribunal, Balasore has awarded compensation in the sum of Rs. 45,000/- to the claimants/appellants. Being dis-satisfied with the quantum, the appellants have filed this appeal for enhancement of the compensation by a further sum of Rs. 55,000/-

(2.) The facts giving rise to this appeal are that on 16-9-1989, one Denudhar Das was travelling as a pillion rider on the cycle of Ratnakar Das. When they were near the factory gate, a police van bearing registration No. OIC 5379 which was coming from the opposite direction being driven rashly and negligently dashed against the cycle. It resulted in fatal injuries to the cyclist and also the pillion rider. The case of the claimants (the widow and minor daughters) is that Shri Benudhar, was working as a Supervisor, he was aged about 32 years and he was drawing a salary of Rs. 700/- per month. Accordingly, a compensation amounting to Rs. 2,00,000/was claimed.

(3.) In support of her case, the claimant examined 3 witnesses and some documents, such as, copies of F.I.R., charge-sheet, postmortem report and seizure list were also produced and exhibited. No evidence in rebuttal was led by the opposite party State.