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2022 Supreme(Ori) 240

B.P.ROUTRAY
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Samita Maharana @ Samita Rani Maharana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A.A. Khan.
For the Respondents: S. Kar, B.K. Behera.

JUDGMENT :

B.P. ROUTRAY, J.

1. Present appeal by M/s Bajaj Allianz General Insurance Company Limited (the insurer) is directed against the judgment dated 14th January, 2020 of learned 4th M.A.C.T. Cuttack passed in M.A.C. Case No. 552 of 2013/110 of 2016 (Computer No. 6105 of 2014), wherein learned Tribunal has granted compensation to the tune of Rs. 40,33,250/- along with interest @ 6% per annum to the claimants from the date of filing of the claim application, i.e. 31.08.2013 on account of death of the deceased in the motor vehicular accident dated 24.6.2013.

2. The case of the claimants is that on 24.6.2013, the deceased, who was serving as an Asst. Teacher in the Government School when was going in his motorcycle, the offending motorcycle i.e. Yamaha FZS motorcycle bearing Registration No. OD-07-A-8120 coming in high speed dashed against the motorcycle of the deceased in a rash and negligent manner. As a result of the accident, the deceased was severely injured and died while undergoing treatment in the hospital.

3. The learned Tribunal upon adjudication of the dispute directed for payment of compensation to the above extent.

4. The Insurance Company challenges its liability to pay

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