Orissa High Court
Divisional Manager vs Sujata Behera And Others on 25 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.348 of 2013
Divisional Manager, M/s. Oriental
Insurance Company Ltd. .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Sujata Behera and Others .... Respondents
Mr. T.C. Mohanty, Sr. Counsel for Respondents 1-6
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
25.11.2022
Order No.
20. 1. The matter is taken up through hybrid mode.
2. Heard Mr. G.P. Dutta, learned counsel for the insurer -
Appellant and Mr. T.C. Mohanty, learned counsel for claimant -
Respondents 1-6.
3. Present appeal by the insurer is against impugned judgment
dated 6th September, 2012 of learned 1st MACT, Cuttack passed in
MAC No.817 of 1999, wherein compensation to the tune of
Rs.2,95,100/- along with interest @ 6.5% per annum from the date of
filing of the claim application, i.e. 20th September, 1999 has been
granted on account of death of the deceased Golakha Chandra Behera
in the motor vehicular accident dated 14th April, 1999.
4. Mr. Dutta contends on behalf of the Appellant that the
offending vehicle, i.e. truck bearing registration number CIB 8228 did
not have a valid policy on the date of accident. The cover note
mentioned in the police seizure list is not corresponding to any policy
taken in respect of the present offending vehicle.
5. In course of hearing Mr. Dutta produces the office copy of the
cover note no.15961, valid from 28th February, 1999 to 27th February,
2000 in respect of the truck bearing registration number OAO 6177
(TATA 1210 make), registered in the name of one Suresh Kumar
Agarwal.
6. However, it is seen that no evidence has been led before the
tribunal with regard to absence of insurance policy in respect of the
offending vehicle. No positive evidence has been led to deny
existence of any policy as claimed nor even any specific pleading to
that effect has been taken in the WS. The owner did not come to
contest the claim application. The accident is dated 14th April, 1999
and therefore, after lapse of 23 years it is difficult on the part of the
court to give any conclusive opinion on the validity of the insurance
policy on the date of accident. The owner being the best person to
speak about the policy, it is felt apposite to direct the present
Appellant to make payment of compensation to the poor victims -
claimants and proceed for recovery of the compensation amount
against the owner in accordance with law.
7. It needs to be mentioned here that the owner also did not appear
before this court despite notices were issued by Registered Post as
well as through paper publication.
8. Mr. Mohanty, learned Senior Counsel does not press his cross-
objection for enhancement of the compensation amount.
9. In the result, the appeal is disposed of with a direction to the
insurer - Appellant to deposit the total compensation amount of
Rs.2,95,100/- (two lakh ninety-five thousand one hundred) before the
tribunal along with interest @ 6% per annum from the date of filing of
the claim application, i.e. 20th September, 1999, within a period of two
months from today; where-after the same shall be disbursed in favour
of the claimant - Respondents on such terms and proportion to be
decided by the learned tribunal.
10. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
11. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
