STATE OF ORISSA Vs. PREMALATA MOHANTY

JUDGEMENT

(1.) THE grant of compensation to the legal representative of one Ananda Prasad Mohanty, who died in a motor accident on 2 -12 -1981, is the subject -matter of these two appeals -one by the owner and the other by the claimants (legal representatives of the deceased).

(2.) ANANDA Prasad Mohanty was a Sub -Assistant Engineer working in the Irrigation and Power Department of the Government of Orissa. On 21 -2 -1981, he was travelling on duty in a Government jeep bearing registration number ORP 2137. The vehicle was proceeding from Rengali to Dhen -kanal. Near Baghlunda it dashed against a heap of earth and fell off the road. Ananda was seriously injured and succumbed at the spot. An application was filed Under Section 110 -A of the Motor Vehicles Act by his mother, widow and minor children claiming compensation of Rs. 2 lakhs for the pecuniary loss etc. sustained by them. It was alleged that the accident was due to the rashness and negligence of the driver.

(3.) THE claimants allege that the determination is low whereas the owner says that the award is excessive.