M/S. New India Assurance Co. Ltd vs Rabindra Kumar Das & Ors
2021 Latest Caselaw 8488 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MACA No.234 of 2021

            M/s. New India Assurance Co. Ltd., ....                  Appellant
            Jajpur
                                                               Mr. S.K. Swain,
                                                                     Advocate

                                   -versus-
            Rabindra Kumar Das & Ors.                          Respondents
                                                   ....


                     CORAM:
                     JUSTICE BISWANATH RATH
                                      ORDER

12.08.2021 Order No.

02. 1. Registry is directed to invest the statutory deposit in Fixed Deposit Scheme in any Nationalized Bank for a long period with a rider of renewal from time to time.

(Biswanath Rath) Judge

MACA NO.234 of 2021

03. 1. Heard learned counsel for the appellant.

2. Ground No.C attempted to be a ground of admission of the matter. Advancing his submission, Mr. S.K.Swain, learned counsel for the appellant-Insurance Company submitted that on the date of accident, the vehicle was not standing in the name of the person at the time of insurance. For the opinion of this Court, the insurance is always attached to the vehicle not on the person. Section 157 of the Motor Vehicles Act, 1988 also clarifies that insurance can be

// 2 //

deemed to have been transferred. It is in the circumstance, this Court finds the appeal can be admitted only on the question of quantum.

3. This Court thus directs issuance of notice to the claimant- respondent nos.2 to 6 only on the question of admission and limitation along with copy of the appeal memorandum by Registered Post with A.D./Speed Post with A.D., whichever is available, fixing a short returnable date. Requisites for which shall be filed within three working days. No notice need be issued to respondent no.1- owner, as he has no role in the appeal involved herein.

4. For the appeal being entertained on the question of quantum, this Court also directs the Insurance Company to deposit 50% of the awarded amount along with 7% interest in the trial court however without prejudice to the rights and contentions of the parties involved in the appeal. Deposit as undertaken be made within six weeks. Upon receipt of such deposit, the same shall be released in favour of the claimants with proper identification also maintaining appropriate proportionate in terms of the direction already contained in the award/judgment involved herein.

5. List this matter after service of notice.

(Biswanath Rath) Judge

U.K.Sahoo