SK KALU Vs. KUMAR BOHERA

JUDGEMENT

(1.) Miscellaneous Appeal No. 274 of 1993 has been filed by the Insurance Company challenging the award on merit as well as on the ground of limit of its liability whereas Miscellaneous Appeal No. 289 of 1993 has been fled by the claimants claiming higher compensation. Since both the appeals are directed against the same award, both are being disposed of by this common judgment.

(2.) The claimants are the parents of the deceased, Sk. Satar, who died in a bus accident. As per the claim application, the deceased was waiting for a bus near Sriya Crossing. At that time a bus bearing registration number DRY 504 arrived at the spot and the deceased went near the bus to enquire from the Conductor regarding the destination of the bus and availability of seats for himself and his friend. At that time, the Conductor had opened the door of the bus which proceeded ahead as a result of which the door dashed against the deceased who fell down and was run over by the bus. Subsequently, the deceased died in the hospital on the very same day. The parents of the deceased filed claim application for Rs. 95,000/ - as compensation.

(3.) The owner and the Insurance Company who were arrayed as opposite party Nos. 1 and 2 in the claim petition merely denied the allegations made in the claim petition, without taking any specific stand.