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2021 Supreme(Ori) 247

SAVITRI RATHO
Branch Manager, M/s. United India Insurance Company Ltd. – Appellant
Versus
Nila Pradhan – Respondent


JUDGMENT

1. These appeals were taken up through Video Conferencing Mode due to COVID-19 Pandemic.

2. I have heard Mr. Bijoy Dasmohapatra, learned counsel for the appellant- insurance Company and Mr B.N. Rath learned counsel for the respondents No 1 to 6 -claimants in MACA No.384 of 2019. Mr. Rath is also the counsel for the appellants No. 1 to 6 -claimants in MACA No.274 of 2019. I have also heard Mr. S.K. Mohanty, learned counsel for the respondent No.2 United Insurance Company in MACA No 274 of 2019 .

3. MACA No.274 of 2019 has been preferred by the appellants-claimants and MACA No.384 of 2019 has been preferred by the Branch Manager, United India Insurance Company Ltd., Similipada. Both have challenged the judgment/award dated 08.03.2019 passed by the learned A.DJ.-cum-4th M.A.C.T., Angul in MAC Case No.194 of 2017 on different grounds.

4. The case of claimants is as follows: On 18.10.2017 at about 2.30 P.M., while the deceased-Lalit Pradhan was coming from Sambalpur side to his villge on N.H.55 in a motorcycle on the extreme left side of the road, on the way near village Thirly the offending truck bearing registration No.MH-21-X-6799 came from Jujumara side in a rash and negligent

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