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2019 Supreme(Ori) 376

A.K.RATH
Anirudha Santa – Appellant
Versus
Divisional Manager, National Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
B. Sahoo, Rimjhim Pati.

JUDGMENT :

A.K. Rath, J.

1. This is a claimants' appeal for enhancement of the award.

2. The claimants-appellants filed an application under Section 166 of the Motor Vehicles Act (M.V. Act) before the Fifth Motor Accident Claims Tribunal, Nayagarh for compensation.

The case of the claimants was that on 18.1.2009 their son Ranjan @ Laxmidhar Santa was travelling in a bus bearing registration no. OR-02-AF-3675. On the way in between Rajasunakhala and Badapandusara, the bus met with an accident near Dighiri Dhaba, as a result of which, he sustained injuries. While he was taken to the District Headquarters Hospital, Nayagarh for treatment, he succumbed to the injuries. It was pleaded that the deceased was a bachelor. He was 25 years old at the time of accident. He was a mason and earning Rs. 5,000/- per month.

3. Opposite party no. 1-respondent no. 2, owner of the vehicle filed written statement, but subsequently he was set ex parte. Opposite party no. 2-respondent no. 1, insurer of the vehicle entered contest and filed written statement denying its liability.

4. Stemming on the pleadings of the parties, learned Tribunal struck three issues. To substantiate the case, the claimants had examin

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