M/S. National Insurance Co vs Sanatan Das & Anr
2021 Latest Caselaw 9004 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  W.P.(C) No. 23789 of 2021

              M/s. National Insurance Co.             ....                      Petitioner
              Ltd.
                                                                    Mr. N.B. Das, Adv.
                                                  -Versus -
              Sanatan Das & Anr.                     ....                 Opposite Parties


                       CORAM:
                         DR. JUSTICE B.R. SARANGI
                                           ORDER

26.08.2021

Order No. 1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the parties.

3. The petitioner- Insurance Company has filed this writ petition challenging the judgment dated 13.03.2018 passed by the 3rd M.A.C.T., Bhubaneswar in MAC Case No. 187/179 of 2005.

4. Mr. N.B. Das, learned counsel for the petitioner contended that the accident was occurred on 16.12.2004 at about 7.30 a.m., but when proposal form for the policy was submitted on the very same day at evening at 7.30 p.m., by the time the accident was occurred. Thereby, there was no valid document available so as to award compensation to the opposite parties, which shall be paid by the petitioner.

5. Issue notice.

6. Steps to serve notice on opposite parties by registered post with A.D. be taken within three days. Office shall send notice fixing a short returnable date.

7. Issue urgent certified copy as per rules.

(Dr. B.R. Sarangi) Judge A.K. Rana