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2022 Supreme(Ori) 263

B.P.ROUTRAY
Divisional Manager, New India Assurance Co. Ltd. Balasore – Appellant
Versus
Gayadhar Mallick – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M. Sinha.
For the Respondents: B.N. Rath, P.K. Das.

JUDGMENT :

B.P. ROUTRAY, J.

1. All these three appeals are inter-related being against the claims granted in respect of the same accident that took place on 11.4.2000.

2. The common case of the Appellant in all the appeals is that, the claimants while were travelling as occupants of the Ambassador Car bearing Registration No. ORO-2662 on 11.4.2000, the said vehicle dashed against the road side wall thereby causing injuries to them. The claimants are the friend and relations of the owner of the said Ambassador Car and were travelling in the vehicle in question as non-fare paying passengers.

3. MACA Nos. 921, 922 and 923 of 2009 are against the respective judgments dated 31.08.2009 of the learned MACT - IV, Bhadrak passed in M.A.C. No. 70, 68 and 67 of 2000. The insurer is the Appellant in all those three appeals.

4. Learned Tribunal upon adjudication of the dispute has granted compensation of Rs. 32,000/- and Rs. 24,500/- and Rs. 45,000/- along with 6% interest per annum to the respective claimants, namely, Gayadhar Mallick, Smt. Kanaklata @ Kamini Mallick and Bhagyadhar Mallick, who are Respondent No. 1 in all those three appeals respectively.

5. The entire contention of the insurer is t

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