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1982 Supreme(Ori) 137

R.C.PATNAIK
GENERAL MANAGER, ORISSA STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
MAHESWAR ROUT – Respondent


Advocates Appeared:
A.K.MOHANTY, B.K.Berera, M.MANVAR

R. C. PATNAIK, J.

( 1 ) ONE Sarbeswar Rout, who was travelling in a public service vehicle O. R. D. 1685 owned by the Orissa State Road Transport Corporation, died in an accident that took place on 10-1-1977 around 3,30 P. M. on National Highway No. 42. The Tribunal awarded compensation of Rs. 21,000/ -. Miscellaneous Appeal No. 104 of 1979 is by the owner impugning the decision on the ground that the damages awarded were excessive and Miscellaneous Appeal No. 108 of 1979 is by the claimants seeking enhancement of the damages. The claimants are the parents, grandmother and younger brothers of the deceased.

( 2 ) IT was alleged that the vehicle proceeding on the National Highway No. 42 was being driven rashly and negligently on account of which it went off the road and rolling over twice came to a halt. In the process, the deceased who had been thrown out was crushed and expired at the spot. It was said that the deceased, a young man of 22 years of age, was a highly resourceful person and out of his business activities, he was earning a sum of Rs. 3,500/- and was contributing the amount for the maintenance and well being of the parents, grandmother and younger brothers. It was all















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