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2021 Supreme(SC) 805

Rasmita Biswal – Appellant
Versus
Divisional Manager, National Insurance Company Ltd. – Respondent


Advocates appeared:
For the Petitioner(s):Ranjay Dubey, Gautam Bhol, Karunakar Mahalik, Manoranjan Mishra, Gouranga Biswal, Advocates
For the Respondent(s):Parmanand Gaur, Ekansh Bansal, Vibhav Mishra, Advocates

JUDGMENT :

S. ABDUL NAZEER, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 07.03.2018 passed by the High Court of Orissa at Cuttack in MACA No.965 of 2016 whereby the High Court has reduced the compensation payable to the appellants/claimants from Rs.22,60,000/- to Rs.17,00,000/-.

3. The first appellant is the wife of one Manoj Kumar Biswal and the second and third appellants are their minor sons. Manoj Kumar Biswal died in a motor vehicle accident which occurred on 09.05.2013. The appellants filed claim petition bearing MAC No.46/2013 before the Additional District Judge-cum-Motor Accident Claims Tribunal, Talcher District (for short ‘the Tribunal’), seeking compensation on account of the death of Manoj Kumar Biswal. The first respondent, owner of the offending truck, filed his written statement denying any negligence on the part of the driver of the offending truck. Respondent no.2 is the insurer who also filed the written statement opposing the claim petition.

4. The Tribunal, on appreciation of the materials on record, held that the cause

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