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2021 Supreme(Ori) 57

BISWANATH RATH
Sabitri Padhy – Appellant
Versus
Bhimasen Mahal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.C. Dey.
For the Respondents: M/s. A. Tripathy, M. Pagal, A.K. Behera, S.K. Sarangi.

JUDGMENT :

BISWANATH RATH, J.

1. These are two Appeals; MACA No. 848/19 is at the instance of the Claimants for enhancement of the award involved and MACA No. 458/20 is at the instance of the Insurance Company challenging the quantum of compensation.

2. Background involving the case is that while the deceased was proceeding towards Purusottampur Market on the left side of the road by riding his bicycle at that time, the offending vehicle came from the side of Bhubaneswar towards Purusottampur at a breakneck speed driven in a rash and negligent manner suddenly dashed against the deceased from his back side resulting the deceased fell down on the road sustaining severe bleeding injury. He was immediately shifted to the Government Hospital, Nayagarh where he succumbed to his injuries. On the premises the deceased was 69 years of age and was getting pension at Rs. 10,333/- per month, as he was working as a Jeep Driver in the Office of Executive Engineer (Agriculture CAD Division) at Malkanagiri, the Claimant-Wife and the son of the deceased filing the claim application claimed appropriate compensation.

3. On their appearance, the Owner filed Written Statement stating that there was no caus

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