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2002 Supreme(Jhk) 195

Jharkhand High Court
Gurusharan Sharma,Hari Shankar Prasad, JJ.
Nutu Nayak - Appellant
Versus
Manager Oriental Insurance Co.Ltd. - Respondent
APPEAL FROM ORIGINAL ORDER 229 Of 1997(R)
Decided On : 15 February, 2002

Headnote:Motor Vehicles Act, 1988 – Section 166 – a Bidi Worker aged about 20 years dying in accident – after assessing annual dependency compensation allowed – no interference required – appeal dismissed. (Paras 3 & 4)

JUDGMENT

1. Kripa Nayak, aged about 20 years, was a Bidi Worker. He died on 12.3.1992, while he was travelling in a bus (BPN-8460) from Bharnia to Padampur. On the way near village Burudih-Rangatungri, the said bus met an accident, as a result of which, Kripa Nayak sustained injuries and died.

2. The bus was insured with Oriental Insurance Company Limited at the relevant time and it was established that accident took place for the fault of driver or bus.

3. The Tribunal on a claim application filed by legal representatives of the deceased, assessed annual dependency at Rs. 6800/- and applied ten multiplier thereto and thus a sum of Rs. 68,000/- was assessed as compensation amount payable to them.

4. On the ratio of decision of the apex Court in General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and others, AIR 1994 SC 1631, we find no reason to interfere with the impugned judgment and award.

5. In the result, the appeal is dismissed, but without costs.

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