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2021 Supreme(Ori) 375

BISWANATH RATH
Divisional Manager, U I I Co Ltd – Appellant
Versus
Kasturi Muni – Respondent


Advocates Appeared:
Pradeep Kumar Mishra, Advocate, Santosh Kumar Mohanty, Advocate, B. Pati, Advocate

JUDGMENT

Biswanath Rath, J. - Maca No.789 of 2020 is an Appeal at the instance of Insurance Company involving judgment dated 18.03.2020 in MAC 142 of 2012 (4 of 2011-GDC), whereas MACA No. 784 of 2020 is at the instance of claimants again involving same judgment dated 18.03.2020 in MAC 142 of 2012 (4 of 2011-GDC) but for enhancement of compensation. For common facts and issues involved herein, this Court on consent of Claimants and Insurance Company takes up the hearing of the matters and dispose of both the Appeals by this common judgment.

2. Short background involving the case is that on 20.10.2010 at about 11.00 P.M., while deceased Surendra Muni was travelling in a Car bearing Registration No.MH-O3-J8631 from Mumbai to Berhampur, Odisha along with two others on NH-5 near village of Patrunivalasa under Nandigam P.S. jurisdiction in the district of Srikakulam (A.P.), met with an accident with the Truck bearing Registered No.AP-31TU-5149, as a result of which, the driver and one of the occupant of the Car died at the spot and the deceased along with the other occupant sustained severe injuries. Soon after the accident, the injured deceased and other injured were shifted to RMS Hospi

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