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2025 Supreme(Online)(Ori) 1924

ORISSA HIGH COURT : CUTTACK
Murahari Sri Raman, J
Manager (Legal) Shriram General Insurance Company Ltd. – Appellant
Versus
Subash Pradhan Son of Dina Pradhan – Respondent


Advocates appeared:
For the Petitioner:M/s. Anupam Dash, Subham Sharma, Arpit Sarangi, Advocates
For the Opposite party :M/s. Suryakanta Dwibedi, No.1 R.K. Mahanta, S.S. Dash, K.M. Hati, Advocates

ORDER

Challenge is laid against the Order dated 06.05.2024 (Annexure-3) passed in M.A.C. Case No.02 of 2022, wherein question of maintainability of the application of the present opposite party No.1, namely, Subash Pradhan, for compensation filed under Section 166 of the Motor Vehicles Act, 1988 being raised, the same has been rejected by the learned Additional District Judge-cum-9th Motor Accident Claims Tribunal, Khallikote, Ganjam. The petitioner-Shriram General Insurance Company Ltd., has approached this Court by way of this writ petition invoking extraordinary jurisdiction under Articles 226 & 227 of the Constitution of India with the following prayer(s):

“Under the facts and circumstances as narrated above, this Hon’ble Court may graciously be pleased to issue notice to the opposite parties and after hearing the parties be pleased to quash the order dated 06.05.2024 passed by the learned 9th MACT-cum-Additional District Judge, Khallikote under Annexure-3 and allow the petition filed by the petitioner-Insurance Company under Annexure-2 and pass any other order/orders, as may be deemed fit and proper in the interest of justice.

And for this act of kindness, the petitioner shall




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