MEWA DEVI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Claimants are the appellants in these two appeals under Section 110 -D of the Motor Vehicles Act, 1939, (for short 'the Act'). As both the appeals arise out of the same accident, they are heard together and are disposed of by this common judgment.

(2.) ON 14 -4 -1977, in the night the truck bearing registration No. ORU 9476 of the Police Department caused an accident in which Debi Sahaya Gupta and his daughter Usha received fatal injuries to succumb at the spot. On that account two claim petitions were filed. The mother, widow, son and three daughters of Debi Sahaya filed a claim petition under Section 110 -A of the Act. All others except Kasturi Devi, the mother of Debi Sahaya, filed another claimed petition for the death of Usha Devi.

(3.) IN respect of death of Debi Sahaya Gupta the amount of compensation claimed was Rs. 2,41,000/ - on the following heads: (i) Family dependency adding Rs. 1,000/ - Rs. 1,80,000/ -per month for 15 years(ii) Loss of expectation of life Rs. 10,000/ -(iii) Pecuniary loss suffered by the claimantsincluding marriage expenses of two daughters Rs. 50,000/ -(iv) Funeral expenses Rs. 1,000/ - - - - - - - - - - - - - - -Total Rs. 2,41,000/ - For the death of Usha Devi, the amount of compensation claimed was Rs. 10,000/ - on the following heads: (i) Loss of happiness, company and affection Rs. 5,000/ -(ii) Compensation for mental pain, agony and griefsuffered on account of death of the child Rs. 5,000/ - - - - - - - - - - - - - - -Total Rs. 10,000/ -