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Judgment Search Results Home > Cases Phrase: life insurance corporation act 1956 section 43 application of the insurance act Sorted by: old Court: orissa Year: 1979

Oct 11 1979 (HC)

The New India Assurance Co. Ltd. Vs. Surjyamoni Padhi and ors.

Court : Orissa

Decided on : Oct-11-1979

Reported in : AIR1980Ori17

P.K. Mohanti, J.1. This appeal is under Section 110-D of the Motor Vehicles Act by the insurer and is directed against the decision of the District Judge-cum-Motor Accidents Claims Tribunal, Balangir, awarding a sum of Rs. 23,460/- as compensation in favour of respondents 1 & 2.2. One Bishnu Prasad Padhi, aged about 52 years, was a licensed stamp vendor at Titilagarh. On 24-9-1973 at about 8 a.m. while he was going on a cycle in front of the Munsif's court at Titilagarh, a truck belonging to respondent No. 7 Dewan Chand Jam, knocked down and ran him over, causing his instantaneous death at the spot. Respondents Nos. 1 and 2 are the son and widow respectively, respondent No. 3 is the daughter-in-law and respondents 4 to 6 are the grandchildren of the deceased. They claimed a total compensation of Rs. 50,000/-. According to them, the accident which resulted in the death of the deceased was due to rash and negligent driving of the truck.3. The owner of the vehicle entered appearance throu...

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