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2019 Supreme(Ori) 357

A.K.RATH
Iffco Tokio General Insurance Co Ltd. – Appellant
Versus
Sumitra Samal – Respondent


Advocates:
Advocate Appeared:
G.P. Dutta, D. Mund.

JUDGMENT :

A.K. Rath, J.

1. Both the appeals involve common question of facts and law were heard together and are disposed of by this common judgment.

2. Shorn of unnecessary details, the brief facts of the case are that on 3.6.2013 at about 11.30 A.M. while Rahas Bihari Samal was returning to his house from Thermal market by the auto riskshaw bearing registration number OR-19-A-4823 with his driver Alekha Bhutia, the auto riskshaw dashed against the backside of another auto bearing registration number OR-19-P-7906 which was parked on the left side of the road. Due to accident, he succumbed to the injuries on the spot. With this factual scenario, the dependants of the deceased filed MAC Case No. 13 of 2014 under Sec. 166 of the Motor Vehicles Act ("M.V. Act") before the learned 3rd M.A.C.T. Talcher claiming compensation of Rs. 14,60,000/-. The claimants assert that the accident took place due to rash and negligent driving by the driver of the auto bearing registration number OR-19-A-4823. The deceased was earning Rs. 14000/- per month. He was aged about 45 years at the time of accident. The offending auto was validly insured with the insurance company. The driver of the offending auto

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