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1974 Supreme(Ori) 53

K.B.PANDA
S. K. DEVI – Appellant
Versus
UTTAM BHOI – Respondent


Advocates Appeared:
B.RAY, M.Patra

K. B. PANDA, J.

( 1 ) ON 6-11-66 a boy aged about 7-8 years named Babula Bhoi studying in class I of Gopalpur, U. P. School, met with a truck accident as a result of which he received multiple injuries. The skin and the flesh of the two thighs were ripped open and the bone of the right thigh was fractured. In a senseless condition he was admitted into the S. C. B. Medical College Hospital, Cuttack where he remained in that unconscious state for certain days. In course of the treatment the injured developed various complications, ran high temperature which persisted, the fracture was plastered with screws, and finally he was discharged on 4-1-67. At that time he had not fully recovered and the plasters were still on. His father (P. W. 1) laid a claim for Rs. 16,000 as compensation impleading the owner of the truck (opposite party No. 1) and the Insurance Company (opposite party No. 2)with whom the vehicle bearing No. ORP 1292, a Bedford truck, belonging to opposite party No. 1 had been insured. The learned Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) granted a compensation of Rs. 10,530 on 25-8-70 making opposite parties 1 and 2 jointly and severally lia











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