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1971 Supreme(Pat) 175

KANHAIYAJI, SHAMBHU PRASAD SINGH
Union Of India As Owner Of The North Eastern Rly Administration – Appellant
Versus
Supriya Ghosh – Respondent


Judgment

Shambhu Prasad Singh, J.

1. Subhabrata Ghosh, aged 31, was working as an Inspector under Messrs. Burmah Shell Oil Storage and Distributing Co. of India Ltd. and was posted at Chapra in February, 1961 on 17th February, 1961, at about 8.45 P. M., he was returning to Chapra from Sonepur side on a motor car which he himself was driving. While passing through level crossing No. 4 situate in between Sonepur and Parmanandpur Railway Stations of the North Eastern Railway, the car was dashed by 2 Down Awadh Tirhut Mail. The car was smashed and he was seriously injured. While being taken to the Sonepar hospital, he died on the way. His wife, aged 22, daughter (minor) aged about 8 months and mother aged 51 years, at the time of the accident (Respondents Nos. 1, 2 and 3 respectively) brought the suit from which this appeal arises for compensation and damages. The total amounts claimed was Rs. 3,00,000.00 under the following heads:

i)Loss of support to the family of the plaintiffs. Average support to the family per month at the rate of Rs. 700.00 for 25 yearsRs. 2,10,000.00 P.

ii)Provident fund accumulation and pension Rs. 60,000.00 P.

iii)Gratuity Rs. 20,000.00 P.

iv)Bonus etc. Rs. 10,












































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