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2026 Supreme(SC) 731

SANJAY KAROL, N. KOTISWAR SINGH
Rashmirekha Tripathy – Appellant
Versus
Branch Manager (Legal Claims), Sriram General Insurance Company Limited – Respondent


Advocates appeared:
For the Petitioner(s):Mr. Aditya Narayan Tripathy, Adv. Mr. Kedar Nath Tripathy, AOR Mr. Chand Qureshi, AOR Ms. Preeti Chauhan, Adv. Mrs. Arpana Soni, Adv. Mr. Mohit Yadav, Adv. Mrs. Aarti Pal, Adv. Mr. Md.imran Siddiqui, Adv. Mr. Saaket Jain, Adv. Ms. Shivangi Anand, Adv. Mr. Siddhartha Iyer, AOR
For the Respondent(s): Mr. Kshitij Mittal, Adv. Mr. Anand Sukumar, AOR Mr. Salil Paul, Adv. Ms. Manjeet Chawla, AOR Mr. Sahil Paul, Adv. Mr. Sandeep Dayal, Adv. Ms. Jyoti, Adv. Mr. Harmeet Singh Phillip, Adv. Mr. Raghav Nagar, Adv.

JUDGMENT :

SANJAY KAROL, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 25.04.2024 passed in MACA No. 452 of 2023 by the High Court of Orissa at Cuttack, which, in turn was preferred against the order dated 24.02.2023 in MAC Case No. 92/2019 by the Motor Accident Claims Tribunal1[Hereinafter ‘MACT’.], Behrampur2[Hereinafter ‘the Tribunal’.].

3. The brief facts giving rise to this appeal are that on 29.05.2018, the deceased, namely Mr. Manoranjan Pandey, aged 39 years, was travelling from Behrampur to Bhubaneswar in his vehicle bearing registration number OD-02H-7929. Near Kaliabali Chakka on the National Highway, the offending vehicle, a truck bearing registration number AP-05TD-2112, being driven in a rash and negligent manner, struck the vehicle of the deceased. As a result of the said accident, he suffered injuries and passed away during treatment.

4. In connection with the same, an FIR came to be registered at Chamakhandi Police Station, bearing number Case No. 55/2018, under Sections 279, 337, 338, 304-A of the Indian Penal Code, 1860.

5. An application seeking compensation was filed by the claimant-appellants, being the legal representatives of

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