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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Divisional Manager, Oriental Insurance Co. Ltd. – Appellant
Versus
Golekh Rout – Respondent
| Table of Content |
|---|
| 1. claimant's injury and compensation details. (Para 3 , 4) |
| 2. insurance company's defense and claimant's counterarguments. (Para 5 , 6) |
| 3. evidence evaluation and negligence legal principles. (Para 7 , 12) |
| 4. court's reasoning on evidence and compensation calculation. (Para 8 , 9 , 10 , 11 , 13 , 14) |
| 5. modification of compensation amount and order. (Para 15 , 16 , 17 , 18) |
JUDGMENT :
Savitri Ratho, J.
1.This matter was taken up through Video Conferencing Mode due to COVID-19 Pandemic.
2. I have heard Mr. S. Satpathy, learned counsel for the appellant Insurance company and Mr.P.K.Mishra, learned counsel for the respondent No.1- claimant .
3. This appeal has been filed by the Insurance Company challenging the judgment dated 26.06.2019 passed by the learned 3rd M.A.C.T., Jajpur in MAC Case No.125 of 2012, wherein the Tribunal directed the Insurance Company to pay the entire compensation amount of Rs.1,87,000/- (Rupees one lakh eight seven thousand) along with interest @ 6% per annum from 19.12.2012, i.e., the date of filing of the claim application along with the cost till the realization is made.
4. The case of claimant respondent No.1 in brief is that on 19.10.2011 at about
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