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1991 Supreme(Ori) 32

ARIJIT PASAYAT
BRANCH MANAGER, THE ORIENTAL FIRE AND GENERAL INSURANCE CO. LTD. – Appellant
Versus
LAXMI PATRAS – Respondent


Advocates Appeared:
AJAY MOHANTY, S.D.Das

ARIJIT PASAYAT, J.

( 1 ) THE appeal by the Oriental Fire and General Insurance Company Limited (described in short as 'the insurer') and the cross-objection by claimants who are the dependents of one Krishna Murthy the victim of an accident, question the correctness of an award passed by the Second Motor Accidents Claims Tribunal, Southern Division Berhampur (in short 'the Tribunal' ).

( 2 ) WHILE the insurer characterises the quantum of entitlement quantified at Rs. 60,000/- to be exhorbitant, the claimants assert that it is on lower side and the entitlement should be enhanced.

( 3 ) THE factual position is almost undisputed. The claimants' case is that on 16-8-1985 a truck bearing registration No. OSS 61 belonging to Taleswar Pandey, respondent no. 7 in this appeal, dashed against the deceased Krishna Murty due to reckless driving causing his instantaneous death; the deceased was working as a peon in the Berhampur University since April, 1977 and continued in the employment of the University till his death; he was getting about Rs. 590/- per month at the time of accident and, therefore, the claimants were entitled to Rs. 1 lakh for loss of contribution for their sustenance. The






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