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1971 Supreme(Ori) 112

G.K.MISRA, S.ACHARYA
ORIENTAL FIRE AND GENERAL INSURANCE CO. LTD. – Appellant
Versus
MRS. KAMAL KAMINI DAS AND ORS. – Respondent


Advocates Appeared:
P.K.SENGUPTA, R.C.PATNAIK, S.C.RAY

G. K. MISRA, C. J.

( 1 ) PUBLIUS Machir Das was working as a Missioner in Children's Special Service mission, Orissa, on a pay of Rs. 293 per month which included his salary, clearness allowance, house-rent, children's allowance etc. His headquarters was at Baptist church Lane, Berhampur, in the district of Ganjam. He had gone to Rourkela in the district of Sundargarh on tour on 10-10-1963. At about 11-30 a. m. that day while he was going on a cycle, a Mercedes Benz Truck O. R. O. 2022 came at a very high speed and tan over him by rash and negligent driving. He died instantaneously on the spot as a result of the accident. The vehicle had been insured with Oriental Fire and General Insurance Co. , Branch Janpath, New Delhi (hereinafter to be referred to as the Company) (Opposite Party No. 3 ). The date of birth of the deceased was 13th April, 1905 and he was about 58 1/2 years old at the time of death. The ten claimants are the widow, sons and daughters of the deceased. An application for compensation was filed under Section 110-A of the motor Vehicles Act, 1939 (hereinafter to be referred to as the Act) before the motor Accidents Claims Tribunal (hereinafter to be referred to as t















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