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1999 Supreme(Ori) 137

R.K.DASH
SHASHIKALA SWAIN – Appellant
Versus
MD. KHAIRUDDIN – Respondent


Advocates Appeared:
B.DAS, P.ROY, S.ROY

R. K. DASH, J.

( 1 ) APPELLANTS are wife, daughters, son and parents of the Late Bijoy Bihari Swain (hereinafter referred to as 'the deceased') who was the Inspector of Police at the relevant time when he succumbed to injuries in a motor accident. The appellants moved the Tribunal under the Motor Vehicles Act claiming compensation and their prayer having been rejected by the Second Motor Accident Claims Tribunal, Cuttack, they have preferred the present appeal.

( 2 ) SHORT facts, on 3-5-1990 at about 10. 30 p. m. , it is alleged, the deceased along with his friend, the pillion rider, while proceeding towards Jobra on the Rind Road, in a motor cycle, the driver of the truck bearing No. OSC 3861 loaded with bamboos drove the vehicle in reverse gear and dashed against the motor cycle, as a result, tail of the bamboo pierced into the vital part of the deceased causing injuries which resulted in his death. The pillion rider also sustained some injuries but survived. On a report being lodged by the pillion rider the police registered a case under S. 304, I. P. C. The appellants filed a claim petition before the Claims Tribunal claiming compensation of Rs. 5 lakhs stating, inter alia, th






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