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1987 Supreme(Ori) 100

G.B.PATTANAIK
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SULOCHANA SAHU – Respondent


Advocates Appeared:
G.H.PANDA, P.ROY, S.C.ROY

G. B. PATTANAIK, J.


( 1 ) THIS is an appeal at the instance of the insurance Company under S. 110-O of the Motor Vehicles Act challenging the award of the Tribunal allowing compensation to the extent of Rs. 70,000/ -.

( 2 ) ON a petition being filed under S. 110 A of the Motor Vehicles Act by the dependents of the deceased, the Tribunal initiated the proceeding. It was alleged in the petition that on 16-10-1980 while the deceased was going towards his village Benguari on his bicycle and was on the extreme left side of the road, the offending vehicle bearing registration No. ORG 7171 which was being driven rashly by which the deceased was thrown out of the bicycle and died on the spot. The vehicle in question was being driven at such a high speed that after dashing the deceased it proceeded further and hit a culvert. It was also stated that the deceased was getting a monthly salary of Rs. 361. 35 paise and was aged 33 years. The owner of the vehicle as well as the Insurance Company were made parties to the proceeding. The owner filed the written statement denying the allegations made in the claim petition and alleged therein that the vehicle was moving slowly and cautiously, but su





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