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IN THE HIGH COURT OF ORISSA AT CUTTACK
K.R.MOHAPATRA
Divisional Manager, The Oriental Insurance Company Ltd. – Appellant
Versus
Golap Nayak – Respondent
| Table of Content |
|---|
| 1. facts surrounding the accident and its aftermath (Para 2 , 3) |
| 2. court's findings on license validity and compensation calculation (Para 5 , 6 , 8 , 9) |
| 3. insurance company's obligation to pay compensation (Para 10 , 11) |
ORDER :
K.R. Mohapatra, J.
Heard Mr. Mohan Ch. Nayak, learned Counsel appearing for the Appellant-Insurance Company and Mr.Nanda, learned counsel for the respondents-claimants.
2. This Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘MV Act’) has been filed assailing the Award dated 03.10.2003 passed by the learned Member, 3rd Motor Accident Claims Tribunal, Bhubaneswar (for short, ‘the Tribunal’) in MACT Case No.157/17 of 2002 awarding compensation of Rs.5,48,280/- to be paid by the Appellant-Insurance Company (Opposite Party No.2 before the Tribunal) to the Claimants-respondent Nos. 1 to 3.
3. Short narration of facts relevant for proper adjudication of this Appeal are that on 26.10.2001 at about 4.00 PM, when the husband of the respondent No.1, namely, Dhirendra Kumar Nayak (for short, ‘the deceased’) was going in a Scooter bearing registration No.OR-02-M-9530 as a pillion rider from Sriya Talkies Square towards Master Canteen
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