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1976 Supreme(Ori) 28

S.ACHARYA
ORISSA ROAD TRANSPORT CO. LTD. – Appellant
Versus
SIBANANDA PATNAIK – Respondent


Advocates Appeared:
B.H.MOHANTY, P.C.Prusty, P.K.SAHU, S.C.ROY, S.K.MOHANTY, S.S.MOHANTY, Y.S.N.MURTY

S. ACHARYA, J.

( 1 ) THE General Manager of the Orissa Road Transport Company Ltd. , which owns the bus, ORG 2743, one of the vehicles involved in the accident in question, has preferred this appeal under Section 110-D of the Motor Vehicles act against the decision of the Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 23/69. The claim petition was filed by the father-in-law of the deceased (P. W. 10) on behalf of the widow and children of the deceased who are respondents 1 to 5 in this appeal. The accident in question took place on 18-10-1969 at about 11. 00 a. m. near the Kuakhi bridge on the Cuttack-Bubaneswar road. The case put forward on behalf of the claimants is that on 18-10-1969 the deceased was returning in his car ORC 7733 from Berhampur to Cuttack. Near about the Kuakhai bridge the deceased's car was passing by the side of the bus org 2743 belonging to the appellant and after the car overtook the bus, the bus suddenly swerved to its right and dashed against the car. At that time a loaded truck, bearing No. APS 929 owned by respondent No. 6, was coming from the opposite direction. As the said bus dashed against the car of the deceased from behind, the car coll


























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