Nanika Pingua v. Pramod Ku.Narendra

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.295 of 2019 Nanika Pingua and others ....

Appellants Mr.Anup Kumar Jena, Advocate -versusPromod Kumar Narendra and another .... Respondents Mr.G.P.Dutta, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

19.4.2022 Order No.

6.

1. Heard Mr.Jena, learned counsel for the Appellants and Mr.Dutta, learned counsel for Insurer-Respondent No.2.

2. Pursuant to this Court's order dated 18th February, 2022, Appellant No.1, the mother of the deceased, has filed an affidavit on 18th April, 2022 stating therein that she is ready to give evidence before the Tribunal and P.W.2 (present Appellant No.2) is her son.

3. Upon hearing both parties and keeping in view the affidavit, the matter is remitted back to the learned Tribunal for disposal afresh. The Tribunal i.e., 1st MACT, Puri is directed to reconsider the matter afresh after granting opportunity to Appellant No.1, Nanika Pingua to adduce her oral evidence and subject her to

cross-examination. Liberty is also granted to all the parties to adduce their further evidence, if any.

4. The Parties are directed to appear before 1st MACT, Puri on or before 9th May, 2022. The Tribunal shall do well to dispose of the claim application by end of December, 2022.

5. The appeal is disposed of.

6. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal