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1987 Supreme(Ori) 177

S.C.MOHAPATRA
DHANIRAJ – Appellant
Versus
MANORAMA – Respondent


Advocates Appeared:
A.K.BOSE, G.S.RATH, J.K.MISHRA, N.C.MISHRA, S.S.BASU

S. C. MOHAPATRA, J.


( 1 ) OWNER is the appellant in these two appeals under S. 110-D of the Motor Vehicles Act, 1939 (for short 'the Act' ).

( 2 ) QRU 1785, a truck, was involved in an accident on 30th Aug. , 1979. Sriram Sharma and Sesh Mohan Dash were occupants in the vehicle at the time of accident and sustained fatal injuries on that account. Dependants of deceased Sriram Sharma filed one claim petition and the dependants of deceased Sesh Mohan Dash filed another claim petition. Bath the claim petitions were heard together and the tribunal has found that the accident was on account of negligent driving of the vehicle as a result of which both the two deceased persons sustained fatal injuries to succumb on the spot. Just compensation to the dependants of deceased Sesh Mohan Dash was determined at Rs. 60,000/- and the same in respect of dependants of deceased Sriram Sharma was Rs. 35,000/ -. In both the cases the insurer was made liable up to the statutory limit.

( 3 ) MR. A. K. Bose, the learned counsel for the appellant, submitted that the; award of Rs. 60,000/- to the dependants of deceased Seshmohan Dash by applying the principle of 15 times multiplier of purchaser is unjus








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