The Single Judge dismissed an appeal assailing an award by the Motor Accident Claims Tribunal that rejected the claimant's petition under the MV Act, upholding the finding that the head injury resulted from lightning rather than a vehicle accident.
Appeal dismissed; no interference with the Tribunal's award.
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MACA NO.807 of 2003
Heard learned counsel for the parties.
2
injury as he fell down due to the lightening. There is no material on record to come to a conclusion that the Bus bearing No.OSX 1337 belonging to the Corporation had caused the accident. Although Investigating Officer submitted a final form stating it to be a mistake of act, no petition challenging the same has been filed before the competent Court. As such, the impugned judgment needs no interference.
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K.R. Mohapatra, J.
ss
2 issues framed by the court
Whether the Motor Accident Claims Tribunal erred in dismissing the claim petition which alleged a vehicular accident and head injury caused by lightning?
Whether the evidence of the appellant, including the FIR, was sufficient to prove that a liability accident took place?
1 provisions across 1 enactments
Appellant/Claimant
Odisha State Road Transport Corporation
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
