Icici Lombard Motor Insurance vs Basanti Das & Ors
2021 Latest Caselaw 8607 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MACA No.819 of 2019

            ICICI Lombard Motor Insurance,          ....             Appellant
            Zenith House
                                                             Mr. G.P. Dutta,
                                                                  Advocate
                                        -versus-

            Basanti Das & Ors.                      ....         Respondents
                                                           Mr. K.K. Rath,
                                       Advocate for the Respondents 1 to 4


                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

17.08.2021

Order No.

18. 1. Undisputedly, in the claim application vide M.A.C Case No.222 of 2010 at condition No.14 at page 2, there is clear mentioning of the vehicle bearing registration No.OR-09K-4414, which in fact also borne through the pleadings involved therein and the name of the owner of the particular vehicle also appears through paragraph No.15 therein. This Court finds, while considering the matter the trial court also framed the following in issue No.1:

"(i) Whether due to rash and negligent driving of the driver of the offending vehicle bearing registration No.OR-09K-4114, the accident took place and in that accident one Sridhar Das died."

2. From the discussions of the Tribunal, this Court finds surprise in finding, while the issue involves the vehicle bearing

// 2 //

registration No.OR-09K-4114, on entire reading of the discussions, it appears, while deciding on the issue Nos.(i) & (v); firstly in page-7 of the judgment there is discussion on vehicle No.OR-09-K-4414, similarly again in sub-para at page 8 of the judgment herein, there is discussion involving vehicle No.OR-09K-4414, hence the findings involve the vehicle No.OR-09-K-4414. This Court finds, there is consideration involving a different vehicle. In such view of the matter, this Court without entering into any such controversy at this stage, simply sets aside the award involved herein and remits the matter to the Tribunal for re-adjudication of the proceeding involved therein.

3. Considering the request for targeting the dispute on remand as well as opportunity of hearing and further evidence, if necessary, this Court while leaving the decision on further evidence on the Tribunal, directs both the parties to appear before the Tribunal alongwith an authenticated copy of this order on 2.09.2021 and take the date of further hearing of the matter. The entire exercise is directed to be concluded within a period of four months from the date of appearance of the parties.

4. With the aforesaid direction the MACA stands disposed of.

(Biswanath Rath) Judge

A.K. Jena