IN THE HIGH COURT OF ORISSA AT CUTTACK (In the matter of application under Section 173 of the Motor Vehicles Act, 1988).

The Divisional Manager, New … Appellant India Assurance Co. Ltd., Ganjam -versus-

Harapriya Behera & Others … Respondents For Appellants : Mr. B. Dasmohapatra, Advocate For Respondents : Mr. P.K. Mishra, Advocate (R-1 to 3)

CORAM:

JUSTICE G. SATAPATHY DATE OF HEARING : 20.03.2026 DATE OF JUDGMENT: 11.05.2026 G. Satapathy, J.

1. The impugned judgment dated 30.08.2025 passed by the 2^nd M.A.C.T.(SD), Berhampur, Ganjam (hereinafter referred to as “the Tribunal”) in M.A.C. Case No. 88 of 2024 (228/2023-GDC), is under challenge in this appeal U/S. 173(1) of the Motor Vehicles Act, 1988 (In short, “the Act”).

1.1. By the impugned judgment, the appellant, who was OP No.2 in the proceeding before the learned Tribunal has been directed to pay Rs.1,29,07,059/- only to the claimants-Respondent Nos.1 to 3 (R-1 to 3), who are the petitioners in the said proceeding together with Simple Interest (SI) @ 6% per annum w.e.f. the date of filing of claim application from 30.09.2023 till its actual realization.

2. Briefly stated, on 20.08.2023 at about 8.00PM, one Lakshmi Narayan Behera, an