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2022 Supreme(Ori) 549

B. P. ROUTRAY
Divisional Manager, National Insurance Co. Ltd – Appellant
Versus
Kanakalata Rout – Respondent


Advocates appeared:
P.K. Mahali, Advocate, A.K. Sahoo, Advocate

JUDGMENT

B. P. Routray, J. - Heard Mr. P.K.Mahali, learned counsel for the Appellant-Insurance Company as well as Mr. A.K. Sahoo, learned counsel for the Respondent Nos.1, 2 & 4-claimants.

2. Present appeal by the insurer is directed against the judgment dated 16.09.2019 of learned M.A.C.T.-I, Balasore in M.A.C. Case No.131 of 2017, wherein compensation to the tune of Rs.6,35,000/- has been granted along with interest @7.5% per annum to the claimants from the date of filing of the claim application, i.e. 30.03.2017 on account of death of the deceased in the motor vehicular accident dated 20.12.2014.

3. Mr. P.K. Mahali, learned counsel contends for the Appellant-Insurance Company that the offending vehicle, i.e. OR-01-L-1947 is not involved in the accident, but has been implanted subsequently. He continues to submit that neither in the FIR nor in the investigation report of Police, any mention is there about present offending vehicle regarding its involvement in the accident.

4. Upon perusal of the impugned judgment, it is seen that Simulia P.S. Case No.324 of 2014 was registered concerning the accident, wherein the Police submitted its investigation report stating no clue. The contents

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