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2012 Supreme(Ori) 493

SANJU PANDA
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
SUKUN MUNDA – Respondent


Advocate Appeared:
For the Appellant :M/s. G.P. Dutta, Advocate
For the Respondent:M/s. B.P. Behera, S. Pujari, Advocates

JUDGMENT :

Kumari Sanju Panda, J.

The appellant-Insurance Company has filed this appeal challenging the award dated 27-10-1998 passed by the Second MACT, Northern Division, Sambalpur in Misc. (A) Case No. 122 of 1993 (S).

2. The facts of the case as narrated are as follows :

The respondent-claimants being the legal heirs of the deceased filed an application claiming compensation of Rs. 1,50,000/- due to death of Dubraj Munda in a vehicular accident. The accident took place on 4-4-1993 at 4.00 a.m. while the deceased was returning to his house by riding a bicycle. The offending bus bearing registration number OSS 2411 came in a high speed from the Jharsuguda side and near Pipalpada Chhak dashed the deceased from his backside. He sustained injuries on his head, spinal cord and bleeding injuries on right side of the body. He was taken to the District Headquarters Hospital, Sambalpur, where he succumbed to the injuries on 7-4-1993. On being noticed, the owner of the offending vehicle being the insured and the Insurance Company being the insurer appeared and filed their written statements separately. The owner of the offending vehicle admitting the accident stated that the vehicle was valid















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