SEBATI NATH Vs. SHRIRAM GENERAL INS.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order dtd. 3/10/2024, passed in MACA No. 433 of 2022 by the High Court of Orissa at Cuttack, which, in turn, was preferred against the award dtd. 30/10/2021 in MAC Case No.1402/2014 passed by the Additional District Judge-cum-3rd Motor Accident Claims Tribunal, Jagatsinghpur.

(3.) The occurrence of the accident is not in dispute. On 3/9/2014, the deceased, Ajay Kumar Nath, aged 24 years, along with his business partner, Suryakanta Baral, was travelling on a motorcycle bearing registration no.OD-21-1737 when they met with an accident with a truck bearing registration no.OR-09-C-6546 (Offending Vehicle). The offending vehicle came at high speed in a negligent manner and dashed into the vehicle of the deceased. The deceased sustained grievous injuries and succumbed to them while undergoing treatment. Regarding this incident, Case No.201/2014 was registered under Ss. 279, 337, 338 and 304A of the Indian Penal Code, 1860, against the driver of the offending vehicle at PS Tirtol, Jagatsinghpur.