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2021 Supreme(Ori) 386

BISWANATH RATH
Rani Samal – Appellant
Versus
Gadadhar Behera – Respondent


Advocates Appeared:
A.A. Khan, Advocate, R. Pati, Advocate, S.K. Mishra, Advocate, S. Ganesh, Advocate, S.K. Sahoo, Advocate, S.N. Kar, Advocate, A.C. Behera, Advocate, S.K. Behera, Advocate, P.K. Nayak, Advocate, B. Ganthia, Advocate, S. Satapathy, Advocate, B.C. Ghadei, Advocate

JUDGMENT

Biswanath Rath, J. - The Appeals bearing MACA Nos.358 & 359 of 2015 are at the instance of the Claimants for enhancement of compensation amount, whereas Appeals bearing MACA Nos.1075 & 1076 of 2015 are at the instance of the Insurance Company challenging liability and quantum as well. All the Appeals arise out of a common judgment involving death of two individuals arising out of one accident but entering into two independent claim cases. For the consent of learned counsel for the Parties and the commonness in the Appeals, the same are taken up together and disposed of by this common judgment.

2. Background involving the case is that the deceased persons involving all the Appeals faced accident by the offending Truck bearing Regn.No.OR-04-E-7707 alleged to have come in high speed being driven rashly and negligently dashed against both the deceased persons resulting in both the deceased sustained grievous injury on their persons and ultimately also succumbed to injuries. The legal heirs of both the deceased persons, as Claimants involving MACA Nos.358 & 359 of 2015 claimed compensation on the pretext of loss of their sole bread-earners, who were having Grocery business jointl

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