SABITRI BEHERA Vs. SECRETARY BOARD OF SECONDARY

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed by the claimants challenging the Judgment dated 01.09.1995 passed by the Learned Single Judge in Misc. Appeal No. 494/1994 and praying for higher compensation.

(2.) THE facts in nut shell are that on 24.04.1989 at 4.00 P.M. while the deceased Chaitanya was coming on a Scooter, a truck bearing registration No. ORU -8938 being driven in rash and negligent manner hit the scooter near Gandhi Chhak. As a result of such accident, the deceased fell down from the scooter and the offending truck ran over him. Thereafter, he was carried to the hospital where he was declared dead. Before the Tribunal, the claim petition was filed claiming compensation to the tune of Rs. 3.0 lakhs on the ground that the deceased was contributing. Rs. 1,500/ - per month to his family members. Respondent No. 1, the owner of the vehicle in question appeared before the Tribunal and filed his written statement denying the allegation in toto.

(3.) TAKING into consideration both oral and documentary evidence, Learned Tribunal came to the conclusion that three persons including the deceased at the relevant time were coming on the Scooter and therefore there was contributory negligence on the part of the deceased. The deceased was getting a salary of Rs. 1,041/ - excluding Rs. 100/ - which was deducted as GPF. The monthly contribution of the deceased towards his family was Rs. 800/ -. As regards the age of the deceased, it came to the conclusion that the deceased was 32 years at the time of death and would have remained in service for 26 years more had he not met with the accidental death. With this observation, the Tribunal held that the claimants were entitled to Rs. 1.16 lakhs as compensation. Since the Tribunal held that there was contributory negligence on the part of the deceased it directed the Insurance Company to pay Rs. 58,000/ - to the claimants along with another Rs. 5,000/ - to the widow of the deceased for the loss of consortium. Against the said Judgment of the Tribunal, the claimants filed appeal for enhancement of compensation before this Court.