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1983 Supreme(Ori) 33

R.C.PATNAIK
SK. ALLAH BAKHAS – Appellant
Versus
DHIRENDRANATH PANDA – Respondent


Advocates Appeared:
A.K.MOHANTY, R.N.MOHANTY, S.C.SINHA, S.N.Mohanty

R. C. PATNAIK, J.

( 1 ) THESE three appeals arise out of the decisions of the Motor Accident Claims Tribunal dismissing the applications of the claimants for compensation claimed for injuries sustained by them and for the death of a eight months old baby.

( 2 ) ON 22-7-1977, Abdul Jahangir Khan, Hapara Khanam and Sk. Allah Bakhas with the deceased daughter were travelling in an autorickshaw bearing registration number O. S. C. 1558 from Nirgundi to Paramahansa. There was an unmanned railway level crossing at Matagajapur. Around 6. 45 p. m. while the autorickshaw was. negotiating to cross the leval crossing, a train coming on the track dashed against its front portion, dragged it to some distance and threw the passengers to the ground. Abdul Jahangir suffered fracture of his right clavicle and some lacerated wounds all over his body. He was aged about. 14 years and a student of Class X at the time of accident. Hazara sustained certain injuries on her head. Allah Bakash and Hazara lost their daughter aged eight months. Abdul claimed Rupees 8,000. 00, Hazara claimed Rupees 2,000. 00 for the pain, suffering and the injuries and Allah claimed Rupees 12,000. 00 for the loss of the daug







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