MANAGER, SHRIRAM GENERAL INS. Vs. SUBASH PRADHAN

JUDGEMENT

(1.) Challenge is laid against the Order dtd. 6/5/2024 (Annexure-3) passed in M.A.C. Case No.02 of 2022, wherein question of maintainability of the application of the present opposite party No.1, namely, Subash Pradhan, for compensation filed under Sec. 166 of the Motor Vehicles Act, 1988 being raised, the same has been rejected by the learned Additional District Judge-cum-9th Motor Accident Claims Tribunal, Khallikote, Ganjam. The petitioner-Shriram General Insurance Company Ltd., has approached this Court by way of this writ petition invoking extraordinary jurisdiction under Articles 226 & 227 of the Constitution of India with the following prayer(s):

(2.) The claim case, i.e., M.A.C. Case No.02 of 2022 has been filed on 29/11/2022 under Sec. 166 of the Motor Vehicle Act, 1988 ("MV Act" for short) before the Court of learned Additional District Judge-cum-9th Motor Accident Claim Tribunal, Khallikote, Ganjam ("MACT", for convenience) by the present opposite party No.1, namely, Subash Pradhan for grant of compensation to tune of Rs.20,00,000.00 on account of injury sustained in a road accident caused by a Truck (Goods Carrier) bearing Registration No.OR-07U-8708 on 19/11/2021 at 6.00 P.M. near village Haridamula under Khallikote Police Station.

(3.) Heard Sri Anupam Dash, learned Advocate for the petitioner and Sri Suryakanta Dwibedi, learned Advocate for the opposite party No.1. Rival contentions and submissions: