KUMUDINI DAS Vs. RAJAT KUMAR BALIAR SINGH

JUDGEMENT

(1.) In Misc. case No. 536 of 1987, the Second Motor Accident Claims Tribunal, Cuttack, passed an award on 30-11-1992 in the sum of Rs. 50,000/- in favour of the claimants and against the non-applicants.Being dissatisfied with the quantum awarded, the claimants have filed this appeal for enhancement of compensation.

(2.) The claimant Nos. 1 and 2 are the parents and claimant Nos. 3, 4 and 5 are sisters of deceased Srutikanta Das who was fatally injured in a vehicular accident on 4-6-1987. Srutikanta Das was aged about 22 years old and was working as an Assistant in a Private Firm namely, Cuttack Roadways and was drawing a monthly salary of Rs. 1200/-.

(3.) The case of the claimants is that while Srutikanta Das was walking down the Cuttack-Paradeep Road he was hit by an open door of a passenger bus bearing Registration No. CXX 2707, as a result of which he was knocked down and fatally injured. According to the claimant the fatal injuries were caused to Srutikanta Das due to rashness and negligence on the part of the bus driver.