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1998 DIGILAW 46 (ORI)

AKRURA SAHU v. ARUN KUMAR JENA

1998-01-29

P.K.MISRA

body1998
JUDGMENT : P.K. Misra, J. - Claimants have filed this appeal claiming higher compensation. 2. Deceased was the wife of claimant-appellant No. 1 and mother of claimant-appellant No. 2. On 19-1-1991 at about 7.30 a. m., the deceased along with her son, claimant No. 2, came to Lodhapali Crossing to board bus from there. When the bus arrived at the spot, many passengers including claimant No. 2 got into the bus. The deceased was trying to board the bus by putting one foot on the step of the bus, but the bus left suddenly as the Helper blew whistle as a result of which the deceased lost her balance and fell down and the bus ran over her right leg. She was brought to the Sambalpur Headquarters Hospital where she succumbed to the injuries. The claimants filed claim application claiming Rs. 80,000/- as compensation. 3. The owner contested the claim and denied the allegations in the claim application. He also took the plea that the vehicle had been validly insured with the Insurance Company and the liability, if any, should be borne by the Insurance Company. The Insurance Company in its written statement also denied about the allegations. 4. The Claims Tribunal has awarded a sum of Rs. 60,000/-as compensation on a finding that the accident had taken place due to negligent driving of the bus. The claimants have filed the appeal claiming compensation of Rs. 80,000/- in all. However, no independent appeal or cross-objection has been filed by the Respondents. In the absence of any appeal or cross-objection, the finding regarding negligence of the bus driver and the finding that the claimants are entitled to receive the compensation from the Insurance Company have become final. The only question is as to whether the claimant-appellants are entitled to higher compensation. 5. The deceased was merely a house-wife. The claim of the claimants that the deceased was having her own income at the rate of Rs. 500/- per month from her independent business has been disbelieved by the Tribunal and, in my opinion, rightly. I have perused the lower court records and the evidence on record. The evidence on record regarding the alleged income of the deceased being very scanty, I do not find any reason to take a different view in the matter. 500/- per month from her independent business has been disbelieved by the Tribunal and, in my opinion, rightly. I have perused the lower court records and the evidence on record. The evidence on record regarding the alleged income of the deceased being very scanty, I do not find any reason to take a different view in the matter. Prima facie, the award itself appears to be slightly on the higher side, but in the absence of any appeal or cross-objection, the said award has become final. For the aforesaid reasons, I do not find any reason to enhance the compensation. The appeal is accordingly dismissed. There win be no order as to costs. Appeal dismissed. Final Result : Dismissed