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2024 Supreme(Ori) 467

IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Gitanjali Dash – Appellant
Versus
Puskar Mahapatra@ Bulu – Respondent


Advocates Appeared:
For the Appellant :Mr. P.K.Mishra, Advocate & Associates
For the Respondents:Mr. Anupam Dash, Advocate.

Table of Content
1. factual background of the accident. (Para 2)
2. court's analysis on limitation and entitlement. (Para 3 , 7 , 8 , 11 , 12 , 14)
3. arguments regarding limitation and delay. (Para 5 , 6)
4. precedents on claims and limitations. (Para 9 , 10 , 13)
5. conclusion and orders of the court. (Para 16 , 17)

JUDGMENT :

1. Instant appeal under Section 173 of the Motor Vehicles Act, 1988 (herein after referred to as ‘the M.V. Act’) is at the behest of the appellants assailing the impugned judgment passed in M.A.C. Case No.254 of 2021 (arising out of Jagatsinghpur P.S Case No.06 of 2010) by the learned District Judge-cum-1st M.A.C.T, Jagatsinghpur in a proceeding under Section 166 of the M.V. Act, whereby, the application for compensation was dismissed on contest against respondent No.2 and ex parte vis-à-vis respondent No.1, namely, owner of the offending vehicle bearing registration No.OR-21A-6821 on the grounds inter alia that the same is not tenable in law and hence, liable to be interfered with and set aside followed by a direction to allow just compensation in their favour on account of death of the deceased.

3. With the claim application filed under Section 166 of the M.V.

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