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1993 Supreme(Ori) 168

D.M.PATNAIK, ARIJIT PASAYAT
ORIENTAL INSURANCE COMPANY LTD. – Appellant
Versus
HARAPRIYA NAYAK – Respondent


Advocates Appeared:
A.K. Mohanty and S.N. Satpathy, for the Appellant; B.K. Mishra, A.S. Naidu for Respondent Nos. 1 to 3, A.K. Mishra, A.S. Mohanty and B.N. Prasad, for the Respondent

JUDGMENT :

A. Pasayat, J. - This appeal though surfacially involves a a dispute relating to date of death of owner of a vehicle, because of seminally important aspects integrally connected with that issue, the learned counsel for the parties have pressed several points for consideration and have addressed us at length. In this background, it has become necessary to consider all the points raised.

2. The factual backdrop necessary to be referred to for adjudication of the intricating questions which we shall deal infra is as follows ;

An accident took place on 6-9-1988, wherein a vehicle bearing registration No. ORP 5510 was involved. The registered owner of the vehicle was Brajabandhu Senapati (hereinafter referred to as the 'owner/ insured')- One Govind Chandra Naik (hereinafter referred to as the "deceased') lost his life in the accident. His widow Harapriya and parents Bhikari Charan Naik and Musi Dei lodged a claim for compensation on 28-11-1988 claiming compensation of Rs. 3 lakhs u/s 110-A of the Motor Vehicles Act, 1939 (in short, the 'Old Act'). According to them, the deceased was engaged as Manager of M/s. Bhubaneswar Udyog Private Limited and was getting Rs. 2,000/- per mont











































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