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1981 Supreme(Ori) 34

N.K.DAS
AMRUTA DEI – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
A.K.Padhi, INDRAJIT ROY, J.K.TRIPATHY, S.Kar

N. K. DAS, J.

( 1 ) BOTH the appeals relate to two cases for compensation arising out of the same accident, in which two clerks of the office of R. T. O. Sundargarh died. The accident is of a Govt. Jeep which took place on 9-1-1977 at about I A. M. The age of the deceased Lingaraj Behera in Miscellaneous Appeal No. 51 of 1979 was 26 years and he was having income of Rs. 270. 00 per month (as appears from the written statement) as a Lower Division Cferk. In Misc. Appeal No. 52 of 1979 the deceased was Bipin Bihari Pradhan aged about 25 years. The legal heirs of late Lingaraj Behera claimed Rs. 10,800. 00 and the claimants of deceased Bipin Bihari Pradhan laid a claim of Rs. 49,680. 00.

( 2 ) IN the morning of 9-1-1979 at about 7 A. M. the R. T. O. Sundargarh went to Purunapani via Biramitrapur for checking of vehicles. The Junior Motor Vehicle Inspector (O, P. W. 2) and one Sri G. C. Patnaik, the Enforcement Inspector also accompanied him. P. W. 3 was the official driver of the jeep. The two deceased persons, namely, Bipin Bihari Pradhan and Lingaraj Behera and two constables were in that jeep. After 11. 30 P. M. in the night, the occupants of the jeep had their dinner at Rajganga











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