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2022 Supreme(Ori) 239

B.P.ROUTRAY
Bishnupriya Panda – Appellant
Versus
Basanti Manjari Mohanty – Respondent


Advocates:
Advocate Appeared:
For the Appellant : D.C. Dey.
For the Respondent: A.A. Khan.

JUDGMENT :

B.P. ROUTRAY, J.

1. Both the appeals being arise out of the same judgment dated 06.07.2019 of the learned 2nd MACT, Cuttack in Misc. Case No. 631 of 2013 wherein compensation to the tune of Rs. 68,74,000/- has been granted along with interest @ 7% per annum to the claimant from the date of filing of the claim application, i.e. 25.9.2013, are heard together and disposed of by this common judgment.

2. Bishnupriya Panda, the original claimant is the Appellant in MACA No. 502 of 2019 and the insurer has preferred MACA No. 1003 of 2019.

3. The deceased was a young girl aged about 21 years prosecuting her studies in 4th year MBBS at VSS Medical College and Hospital, Burla. On 27.7.2013 at around 6.30 P.M. when the deceased was going in TVS Scooty at Boreipali Chowk, Sambalpur, the offending Truck bearing Registration No. OR-09-C-5525 dashed it from the back side being driven in a rash and negligent manner causing death of the deceased while being shifted to the Hospital.

4. The claimant, the widow mother of the deceased, filed the application claiming compensation of Rs. 20 lakhs on account death of the deceased in the motor vehicular accident. Two witnesses were examined on behalf

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