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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Manager, Legal, The Oriental Insurance Co. Ltd. – Appellant
Versus
Arati Kumari Tripathy – Respondent
| Table of Content |
|---|
| 1. details of the accident and claim (Para 1 , 2) |
| 2. court's assessment of compensation and policy details (Para 3 , 6 , 7) |
| 3. debate on insurer’s liability and evidence (Para 5) |
| 4. conclusion and directives for compensation payment (Para 8) |
JUDGMENT :
G. Satapathy, J.
1. This appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”) by the insurance company (in short, “the insurer”) challenges the impugned judgment dated 20.08.2025 passed by the learned 1st Motor Accident Claims Tribunal, Jajpur (hereinafter referred to as “the Tribunal”) in MAC Case No.77 of 2024 directing the insurer to pay a sum of Rs.61,51,016/- together with simple interest @ 6% per annum w.e.f. 20.06.2024 till its actual realization to the claimants-R-1 to 4 for the death of their predecessor in interest Narayan Rath (hereinafter referred to as “the deceased”) in a Motor vehicular accident.
2. Bereft of unnecessary details, the present appeal arises out of an accident that took place on 26.03.2024 at about 10 PM, when the deceased while being travelling from Jeypore to Berhampur as a passenger in a bus named as “Khambeswari” bearing Regd. No.OD- 07-Y-9181 (hereinafter referred to as “t
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