Legal Executive vs Laxmipriya Prusty & Ors
2021 Latest Caselaw 8619 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MACA No.21 of 2020

            Legal Executive, IFFCO-TOKIO           ....              Appellant
            General Insurance Company
            Limited, Kolkata
                                                          Mr. Adam Ali Khan,
                                                                   Advocate

                                        -versus-
            Laxmipriya Prusty & Ors.                           Respondents
                                                   ....


                     CORAM:
                     JUSTICE BISWANATH RATH
                                       ORDER

17.08.2021 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.21 of 2020

03. 1. Heard learned counsel for the appellant.

2. Even though the Miscellaneous Appeal is filed on two counts by the Insurance Company, one on the issue of liability and the other is quantum. In the first round of challenge, Mr. Khan, learned counsel for the appellant took to the pleading of the parties as recorded in paragraph-3 of the judgment and attempted to establish that the Insurance Company has at least taken the plea that the vehicle indicated therein is no way involved in the accident. It is

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also pleaded that Insurance Company has adduced evidence to that effect. This Court here finds the Tribunal has framed the following issues:

"1. Whether, the accident has taken place due to rash or negligent driving of the driver of the offending vehicle bearing registration NoOD-25E- 2044 (Motor cycle) causing death of Amulya Kumar Prusty?

2. Whether, the petitioners are entitled to any compensation, if so, to what extent and from whom?

3. To what relief the petitioners are entitled?

3. Reading the aforesaid issues, this Court nowhere finds there is framing of issues particularly dealing with if the vehicle indicated in fact involved or it's a planted vehicle.

4. Considering the submission of Mr. Khan, learned counsel for the appellant on the question of challenge to the award on liability aspect, this Court finds for no framing of such issues, it will be amounting to abandonment of such issue. In the evidence also though there is some statement by the Insurance Officer on the aspect of involvement of planting of fake vehicle, unfortunately there is no asking of framing of particular issue to decide such aspect. In absence of which, this Court finds there is not only abandonment of such issue but there is no opportunity to the claimants to adduce to counter such allegation. It is in this view of the matter, this Court is not inclined to entertain the appeal on the liability aspect and the appeal is entertained only on quantum aspect. This Court accordingly directs issuance of notice to the respondent nos.1 to 4 on the question of admission along with copy of the appeal memorandum by Registered Post with A.D./Speed Post with

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A.D., whichever is available, fixing a short returnable date. Requisites for which shall be filed within three working days.

5. 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.

6. List this matter after service of notice.

(Biswanath Rath) Judge

U.K.Sahoo

Umakanta Sahoo