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1976 Supreme(Ori) 2

R.N.MISRA, N.K.DAS
SINDHU MOHANTY – Appellant
Versus
GOURKRUSHNA MOHANTY – Respondent


Advocates Appeared:
G.B.MOHANTY, N.C.MOHANTY, P.K.Misra, R.C.PATNAIK

R. N. MISRA, J.

( 1 ) ARJUNA Mohanty whose parents are appellants before us was returning on cycle from Puri Town to Chandanpur at about 9 O'clock in the morning on 2311-1969 along with one Satrughna Sahu (P. W. 2 ). Each of them was riding a cycle and while they were near about Bira Harekrushnapur, from the opposite direction came a bus bearing registration number ORP 365 which dashed against the cycle of the deceased Arjuna. As a result of this collision Arjuna fell down and over him fell his cycle. The bus did not stop. With multiple injuries on his body the victim was removed to the hospital at Puri where he succumbed to his injuries a couple of hours after the incident. A claim was laid for compensation under the provisions of Chapter VIII of the Motor Vehicles Act of 1939 by the parents impleading the owner of the bus and the insurer of the vehicle and a sum of Rs. 50,000/- was claimed.

( 2 ) THE deceased was said to be a person of 22 years of age and was employed under one Upendra Mohapatra on a monthly salary of Rs. 150/ -. The father of the deceased claimed to be a person aged 63 while the mother was just above 50. They alleged that the deceased was moving on the appropr
















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