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2022 Supreme(Ori) 333

B.P.ROUTRAY
Lochani Sahoo – Appellant
Versus
Ashok Kumar Sahoo – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. B.N. Samantaray, Advocate
For the Respondent:Mr. P.K. Mahali, Advocate

JUDGMENT :

B.P. Routray, J.

1. Both the appeals being arise out of the same judgment dated 10.04.2019 of the learned 1st MACT, Cuttack in M.A.C. No.1093 of 2014 wherein compensation to the tune of Rs.16,79,465/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application, i.e.27.12.2014, are heard together and disposed of by this common judgment.

2. In MACA No.575 of 2019, the claimants are the Appellants, who have prayed for enhancement of the compensation amount. MACA No.232 of 2020 has been filed by the Insurance Company challenging the award.

3. First coming to the challenges advanced from the side of the insurer, it is submitted by Mr. P.K. Mahali, learned counsel for the Insurance Company that since it has been elicited from the mouth of the eye-witness (P.W.2) that the deceased was walking on the road leaving enough space to his left, he had contributed negligence for the accident.

4. Such contention advanced from the side of the insurer is rejected outright keeping in view the admitted fact that the offending vehicle, i.e. TATA ACE bearing Registration No.OR-05-AV-3314 dashed the deceased from his back side and seco

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