BIRENDRA PRASAD SINHA, B.P.GRIYAGHEY
Om Prakash Dalmia – Appellant
Versus
Bina Saha – Respondent
BIRENDRA PRASAD SINHA, J.
1. This is an appeal by opposite party No. 2 (defendant) against whom a claim for Rs. 50,000.00 under the Motor Vehicles Act (hereinafter referred to as the Act) has been decreed by the District Judge, Bhagalpur, acting as the Motor Accident Claims Tribunal.
2. Bishwa Nath Prasad Saha who was a teacher in the Government Silk Institute, Nathnagar, Bhagalpur was crushed to death under the wheels of a jeep bearing number BRO 509 on Bhagalpur-Nathnagar road on 5-3-1974 at about 10 A. M. He was aged about 32 years at the time he met the fatal accident. At the time he was drawing a sum of Rupees 492/- per month in the scale of Rupees 335-555. He was due to retire at the age of 58 and had, therefore, still 26 years of service. The post was pensionable. His wife Smt. Bina Saha and three minor daughters who are respondents 1 to 4 in this appeal filed an application under Sec.110 of the Act in the Court of Motor Accident Claims Tribunal, District Judge, Bhagalpur claiming a sum of Rs. 1,53,000.00 as compensation. The Oriental Fire and Insurance Company was impleaded as opposite party No. 1 (defendant No. 1) and the appellant Om Prakash Dalmia was impleaded,
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