RASMITA SAHU Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the Judgment and Order dtd. 10/11/2022, passed in MACA No.600/2017 by the High Court of Orissa at Cuttack, which, in turn, was preferred against the order dtd. 3/3/2017 in MAC No.45 of 2015 passed by the District Judge - cum - Motor Accident Claims Tribunal, Kandhamal, Phulbani.

(3.) Brief facts giving rise to this appeal are that on 6/6/2015, the deceased, namely, Sarban Kumar Sahu, aged 40 years, was riding as a pillion rider on motorcycle bearing registration No. OD-12-6286. At about 5.30 p.m., upon reaching Gandapada-Bapalamendi road, the offending vehicle (truck) bearing registration no. OD-15-B-6887, driven in a rash and negligent manner, collided with the motorcycle of the deceased. Owing to the said impact, the deceased was thrown off the motorcycle, whereupon the offending vehicle ran over him. Consequently, the deceased sustained grievous injuries and succumbed to the same on the spot. In connection with this incident, FIR No. 48/2015 was registered against the driver of the offending vehicle under Ss. 279 and 304A Indian Penal Code, 1860.