HARE KRUSHNA MAHANTA Vs. HIMADARI SAHU

JUDGEMENT

(1.) * <IMG>JUDGEMENT_18_LAWS(SC)2_2025_1.jpg</IMG> Leave granted.

(2.) This appeal is directed against the Judgment and Order dtd. 4/4/2022 in MACA No.954 of 2019 passed by the High Court of Orissa at Cuttack, which in turn was preferred against the Judgment and Order dtd. 13/12/2019 passed in MAC No.77 of 2016 by the 2nd Additional District Judge-cum-3rd Motor Accident Claims Tribunal, Cuttack.

(3.) The brief facts giving rise to this appeal are that on 6/12/2016, the Claimant-Appellant, aged 51 years, working as a Primary School Teacher at Kadodihi, was returning from the school on his motorcycle bearing No.OR-14-V-6869 with his colleague, namely, Sabita Mahanta, riding on the extremely left side of the road. The offending vehicle bearing No.OR-19-M-4347, coming from the opposite direction of the road, driving rashly and negligently, dashed into the Claimant-Appellant from the front, thus injuring him seriously. He was taken to Lahunipada CHC for treatment and was, then, shifted to Kaling Hospital Pvt. Ltd., Chandrasekharpur, Bhubaneshwar, where he was treated from 7/12/2013 to 22/12/2013. Subsequently, he also got treatment at ISPAT General Hospital, Rourkela. During treatment, the Claimant-Appellant underwent surgery, and a nail was inserted in his right leg.