CHANDRAMANI NANDA Vs. SARAT CHANDRA SWAIN

JUDGEMENT

(1.) Leave granted.

(2.) The claimant, in a motor vehicle accident having suffered injuries, has filed the present appeal seeking enhancement of compensation. He is aggrieved by the order(dtd. 24/8/2022 in MACA No.256 of 2019) passed by the High Court(High Court of Orissa at Cuttack).

(3.) The facts as available on record are that on 16/1/2014 four persons occupying Verito Vibe Car bearing Registration No.OD-05-D9596 were travelling from Sambalpur, Odisha to Cuttack. At about 01:30 pm, the offending Bus bearing Registration No.OD-14-A-1774 being driven at high speed struck against the said car on NH-55 near CPP Chawk, NALCO, Anugul, Odisha, as a result of which the occupants of the car suffered serious injuries. One of the occupants, Ranjan Rout, succumbed to the injuries on 31/5/2017. A police case bearing P.S. Case No.7/2014 was registered against the driver of the offending bus under Ss. 279, 337 and 338 of IPC(Indian Penal Code). Three injured occupants of the car and the legal heirs of the deceased, Ranjan Rout filed different claim petitions, which were assigned to the Court of 2nd Additional District Judge-cum-3rd Motor Accident Claims Tribunal, Cuttack. The present appellant had filed petition(MAC Case No.176 of 2014) claiming compensation of Rs.30,00,000.00. As all the claims had arisen from the same accident the Tribunal clubbed all the claim petitions and decided the same by a common Award(dtd. 15/1/2019).