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In the Supreme Court of India Civil Appellate Jurisdiction s.l.p.

In the Supreme Court of India Civil Appellate Jurisdiction s.l.p.

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Published by Jeannette Reyes

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Published by: Jeannette Reyes on Dec 15, 2009
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01/20/2012

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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTIONS.L.P. (Civil) No.................... of 2009(Arising from final Judgment dated 16/9/2009 Passed by the High Court of Orissa at Cuttack in MACA 284/2007)IN THE MATER OF:Bata Krishna PandaPetitioneVRSAjit Kumar Panda and anotherRespondentPAPER-BOOK(FOR INDEX KINDLY SEE INSIDE)PETETIONER
 
INDEXSl.No PARTICULARSPAGE NOS
1O/R on limitationA2List of dateB3 Copy of Impugned order /Judgment dated 16/9/2009 Passed bythe Orissa High Court Cuttack in M.A.C.A 284 of 20071 - 24Special Leave Petition With affidavit3 - 135 Annexure 1 (in a separate attachment)Copy of judgment 4
th
M.A.C.T Bhanjanagar in M.A.C 243 of 2003
 
6Annexure 2 (in a separate attachment)Copy of Memorandum of appeal before Orissa High Court of MACA 284 0f 2007
 
SYNOPSIS AND LIST OF DATE
(B)9.3.1998The petitioner sustained a fracture injury and other injuryby a motor vehicle accident due to rash and negligencedriving of the driver of vehicle vide OR 02C 5847, over which the local Bhanjanagar Police registered a case U/s279,338 of IPC vide Ps case No 80/98 out of which theSDJM Bhanjanagar registered a GR case vide 186 /9810.7.1998The petitioner filled a claim case as per MV Act before 1
st
MACT Berhampur for of Rs 11 lakhs for pecuniary andnon pecuniary losses such as permanent disability of shorten of right legs by 2 ½’inches basing upon disabilitycertificate issued by medical board Ganjam undeguidance of CDMO Berhampur and injury report etc18.12.2006The Tribunal only awarded Rs 35,000/- against the saidclaim in fever of petitioner with out considering allevidence available in record26.3.2007the Petitioner filled a appeal before the Orissa High Courtat Cuttack against the said order of Tribunal Vida MACANo-284/200716.9.2009The Orissa High Court Passed final judgment onlyenhancing a amount of Rs 25,000/- in lump sum with outno interest against the claim of Rs 11 lakhs with outdeciding all questions raised by the petitioner 6.12.2009hence this special leave petition under Article 136 oConstitution of India against the impugned order dated16/9/2009 passed in MACA No 284/2007

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