JUDGMENT:

1. In these two appeals U/S. 173(1) of the Motors Vehicle Act, 1988 ( in short, the “Act”), the same judgment dated 14.03.2023 passed by the learned 4^th Motor Accidents Claims Tribunal, Cuttack (in short, “the Tribunal”) in MAC Case No.107 of 2019 has been assailed.

2. Briefly stated, the claimant unfortunately met with a Motor vehicular accident on 04.01.2019 at about 11:15 AM when the Hywa Truck bearing Registration No. OD-02-AM-4544 (hereinafter referred to as “the offending vehicle”) dashed the claimant from backside at Malipada Square, when the latter was going on a walk. Due to the accident, the claimant sustained injuries and had undergone treatment at different Hospitals. On this accident, Jankia PS Case No. 05 of 2019 was registered which culminated in charge sheet. According to the claimant, the accident occurred due to rash and negligent driving of the driver of the offending vehicle and h