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2018 Supreme(SC) 902

A.M.SAPRE, S.ABDUL NAZEER
Sudarsan Puhan – Appellant
Versus
Jayanta Ku. Mohanty – Respondent


JUDGMENT

Abhay Manohar Sapre, J.

1) These appeals are filed by the appellant-claimant against the final judgment and order dated 09.11.2015 passed by the High Court of Orissa at Cuttack in M.A.C.A. No.690 of 2014 and M.A.C.A. No.839 of 2014 whereby the High Court allowed the appeal filed by the Insurance Company and reduced the compensation awarded by the Motor Accident Claims Tribunal (in short ‘the Tribunal”) from Rs.24,62,065/- to Rs.20,00,000/- and in consequence dismissed the M.A.C.A. No.690 of 2014 filed by the appellant-claimant in terms of the main order passed in M.A.C.A. No.839 of 2014.

2) In order to appreciate the issue involved in these appeals, few facts need mention infra.

3) The appellant herein was the claimant before the Tribunal whereas respondent-owner of the vehicle (motorcycle) was the non-applicant No.1 and the Insurance Company was non-applicant No.2 in the appellant’s claim petition.

4) On 31.10.2012, the appellant-claimant with one Dipak Kumar Pradhan was going on a motorcycle bearing No.OR07 S 3133 from Baisinga to Baripada on National Highway 18 in the State of Orissa. The abovesaid Motorcycle met with an accident with a Mini Truck (407) wherein the appella




















































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