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1994 Supreme(Ori) 152

R.K.PATRA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SULOCHANA BEWA – Respondent


Advocates Appeared:
A.K.PATIL, B.K.PANDEY, B.N.RATH, L.DAS, M.Sinha, P.K.MISHRA, P.P.MISHRA, P.ROY, R.N.MOHANTY, S.K.MOHANTY, S.ROY

R. K. PATRA, J.


( 1 ) THE aforesaid appeals (except Misc. Appeal No. 241 of 1991 filed by the claimants) have been filed by the Insurance Company challenging a common judgment of the Second Motor Accident Claims Tribunal, Cuttack, by which it has disposed of seven claim petitions. As all the appeals are analogous and arise out of the same judgment, they were heard together and are disposed of by this judgment.

( 2 ) THE common case of the claimants is that on 7-1-1987 at about 6 p. m. the offending truck bearing registration number OSU 2478 belonging to Harmohan Das who is one of the respondents and insured with the appellant was coming in high speed from Paradeep towards Chandikhole. At Hazari Chhak on the Paradeep-Chandikhole Express High Way the said truck suddenly swerved to its left and then capsized. On account of this accident which was due to rash and negligent driving of the driver of the truck, the helper Birabar Behera, a pedestrian Misra Abid Baig died due to the injuries sustained by them and other five claimants who were travelling in the truck (four of them as owners of goods and fifth one as a coolie) got bodily injuries on their persons. On consideration of eviden









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