MINAKETAN SAMAL Vs. PRASANTA KUMAR ROUTRAY

JUDGEMENT

(1.) THE husband has filed this appeal claiming higher compensation. He had filed Misc. Case No. 233 of 1991 claiming compensation on account of death of his wife in a motor accident. The parents of the deceased had filed Misc. Case No. 686 of 1991. In the claim application filed by the parents it was stated that their daughter was residing with them and was maintaining them being a daily wage earner. The husband in his claim application had also stated that his wife was contributing her wages to the family.

(2.) THE owner in his written statement denied the averments made in the claim application and took the plea that the accident occurred due to own negligence of the deceased. The Insurer filed written statement generally denying the allegations.

(3.) IN such background, the questions which are required to be considered are :