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2010 Supreme(Ori) 660

H.S.BHALLA
MANARANI GARNAIK – Appellant
Versus
PRADEEP KUMAR MISHRA – Respondent


JUDGMENT :

Hon'ble H.S. Bhalla, J. - This appeal has been filed by the appellants for modification of the award with the prayer that just compensation has not been awarded and the compensation amount is liable to be enhanced.

2. The lights of the house of the appellants were switched off when the deceased Subrat Kumar Garnaik met with an accident near Solia Bazaar and received fatal injuries in a motor vehicular accident involving vehicle No. OSJ-727 driven by the driver of the said vehicle and owned by respondent No. 1. The claimant-appellants filed a claim petition seeking compensation on account of the death of Subrat Kumar Garnaik in a motor vehicular accident. The petition was contested by the respondent No. 2 by filing written statement and the learned Claims Tribunal after framing of issues and assessment of the evidence led by both the parties, awarded a sum of Rs. 3,69,000/- as compensation and also imposed cost of Rs. 500/- so far as the owner of the vehicle, respondent No. 1 is concerned, as he was set ex parte. I have heard learned Counsel for the appellants only on the question of compensation that is to be granted to the claimant-appellants and have gone through the rec











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