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1981 Supreme(Ori) 139

N.K.DAS
ORISSA STATE COMMERCIAL TRANSPORT CORPORATION, CUTTACK – Appellant
Versus
DHUMALI BEWA – Respondent


Advocates Appeared:
A.K.MOHANTY, B.C.SAHU, BIJOY MOHANTY, Puranjan Roy

N. K. DAS, J.

( 1 ) IN an accident by truck ORU 7741 belonging to the appellant Corporation, three persons namely. Bansidhar Mohanty, Kulamoni Das and Sunakar Mallick died and Nachha Swain was injured. This happened at the time of unloading in the jetty No. 1 of the Paradip Port on 26-4-1975 at about 3 A. M. M. A. No. 93/79 relates to the claim made by the widow and other claimants of Bansidhar. M. A. No. 90/79 relates to the claim made by the widow and other claimants of Kulamoni, M. A. 88/79 relates to the claim made by the widow and other claimants of Sunakar Mallick, The injured Nachha Swain is the claimant in M. A. 94 of 1979.

( 2 ) THEIR case is that the vehicle was being driven by one S. Appa Rao, an employee of the appellant After this truck was unloaded, the coolies, namely, three deceased persons and the injured along with others, were engaged in filling up the unloaded cromite ore into the baskets behind the truck for the purpose of loading the said ore into waiting barges. The driver of the truck reversed the vehicle without blowing any horn and ran over them which resulted in the death of the aforesaid three persons and injured Nachha Swain. The claimants of late Ban







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