Orissa High Court
Oriental Insurance Co. Ltd. (In ... vs Golani Muduli And Another (In Maca ... on 21 July, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.843 of 2019
MACA Nos.843 & 747 of 2019
Oriental Insurance Co. Ltd. (In MACA No.843/2019)
Golani Muduli (In MACA No.747/2019)
.... Appellants
Mr. Subrat Satpathy, Advocate (in MACA No.843/2019)
Mr. P.K. Mishra, Advocate (in MACA No.747/2019)
-versus-
Golani Muduli and Another (In MACA No.843/2019)
Satrughan Muduli and Another (In MACA No.747/2019)
.... Respondents
Mr. P.K. Mishra, counsel for Respondent No.1
(in MACA No.843/2019)
Mr. Subrat Satpathy, counsel for Respondent No.2
(in MACA No.747/2019)
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
21.7.2022
Order No.
06. 1. The matters are taken up through hybrid mode.
2. Both the appeals being arising out of same impugned judgment,
are heard together and disposed of by this common order.
3. Heard Mr. S. Satpathy, learned counsel for the insurer and Mr.
P.K. Mishra, learned counsel for the claimant.
4. MACA No.843 of 2019 has been filed by the insurer
challenging the award and MACA No.747 of 2019 has been filed by
the claimant praying for enhancement of the award.
5. The prayer of the claimant in MACA No.747 of 2019 for
exemption of payment of court fees is allowed for the time being.
6. Mr. Satpathy, on behalf of insurer submits that despite there are
lot of discrepancies about the accident in the police papers including
the F.I.R., the prayer for amendment of the W.S. as well as
examination of the I.O. in evidence has been illegally rejected by the
learned tribunal and the final judgment was passed fixing liability on
the insurer for payment of compensation. In support of his contention
he draws attention of this court to the copies of the police papers filed
along with the appeal and also to the order of the learned tribunal
dated 22nd December, 2018 and 2nd February, 2019.
7. Upon hearing both parties and from perusal of the records, this
court is satisfied that the insurer has been deprived of due opportunity
of adducing evidence and as such, the impugned judgment of the
learned tribunal dated 1st August, 2019 is set aside. The matter is
remanded back to the learned tribunal for fresh adjudication after
giving opportunity to the insurer - appellant to amend their W.S. and
adduce their evidence.
8. At the same time Mr. Mishra, learned counsel for the claimant
contends that, the grounds taken by him in his appeal that the claimant
has sustained 80% disability and is entitled for future prospects as
well as compensation for loss of amenities of life, should also be
considered by the tribunal while adjudicating the claim application
afresh for awarding compensation.
9. The claimant is permitted to raise all such grounds, as taken
before this court, at the time of hearing before the learned tribunal
while deciding the claim application.
10. Both parties are directed to appear before the learned tribunal
on 22nd August, 2022 and the tribunal shall put all endeavour to
dispose of the claim application within a period of four months there-
from, i.e. not later than 22nd December, 2022.
11. Both the appeals are accordingly disposed of.
12. The statutory deposit made by the insurer in MACA No.843 of
2019 before this court along with accrued interest be refunded to the
insurer on proper application.
13. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
