M/S. National Insurance Co. Ltd vs Taj Ahamad Khan And Another (In ...
2023 Latest Caselaw 8764 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.1321 of 2016
                 MACA No.1321, 1422, 1423 & 1424 of 2016
                 M/s. National Insurance Co. Ltd.,                     Appellant
                 represented through its Divisional       ....       in all the four
                 Manager, Mangalabag, Cuttack                                cases

                                                       Mr. G.P. Dutta, Advocate

                                            -versus-
                 Wakia Afrin and Another (In MACA No.1321 & 1422 of 2016)
                 Taj Ahamad Khan and Another (In MACA No.1423/2016)
                 Yaseen Khan and Others           (In MACA No.1424/2016)
                                                        ....      Respondents
                             Mr. B.N. Samantaray, counsel for Respondent No.1
                                 (in MACA Nos.1321, 1422 & 1423 of 2016) &
                    Counsel for Respondents 1 to 3 (in MACA No.1424 of 2016)

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

8.8.2023 Order No.

19. 1. The matters are taken up through hybrid mode.

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. B.N. Samantaray, learned counsel for the claimant

- Respondents.

3. All these four appeals being arise out of same impugned judgment, are heard together and disposed of by this common order.

4. The appeals are against the common impugned judgment dated 30th January 2016 of learned 3rd Additional District Judge-cum-4th MACT, Cuttack passed in MAC Case Nos.437 of 2008/182 of 2013, 438 of 2008/184 of 2013, 439 of 2008/183 of 2013 and 499 of 2008/185 of 2013.

MACA No.1321 of 2016 is in respect of MAC No.438 of 2008/184 of 2013, wherein compensation to the tune of Rs.4,62,839/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Dr. Md. Abdul Mallik in the motor vehicular accident dated 18 th December 2007.

MACA No.1422 of 2016 is in respect of MAC No.437 of 2008/182 of 2013, wherein compensation to the tune of Rs.4,17,500/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Subnam Sultana in the said accident.

MACA No.1423 of 2016 is in respect of MAC No.499 of 2008/185 of 2013, wherein compensation to the tune of Rs.4,62,839/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Tarannum Adeni in the said accident.

MACA No.1424 of 2016 is in respect of MAC No.439 of 2008/183 of 2013, wherein compensation to the tune of Rs.3,69,500/- along with interest @ 6% per annum from the date of filing of the claim application has been granted on account of death of deceased Lailun Bibi in the said accident.

5. All the deceased persons along with others were travelling in the offending vehicle, i.e. Maruti Swift Car bearing registration number OR-24-7786 which dashed against a road side building.

6. It is seen that in all the four claim applications, Dr. Md. Abdul Mallik (dead) has been arrayed as Opposite Party No.1 and the National Insurance Co. Ltd. is Opposite Party No.2. Admittedly, Dr. Md. Abdul Mallik, who was the owner of the offending vehicle died in the accident and he has been named as a dead person in the claim applications. Admittedly, no other person as the LR of Dr. Md. Abdul Mallik has been arrayed as opposite party and interestingly O.P. No.1 has been arrayed as a party despite the admitted fact remains that he was dead on the date of filing of the claim applications. Interestingly the tribunal has observed that the claim application was abated against the Oppsotie Party No.1 and further proceeded to grant compensation in favour of the applications with direction to the insurer to pay the amount.

7. All the claim applications have been filed under Section 163-A of the MV Act and there is no dispute about validity of the insurance policy in respect of the offending vehicle on the date of accident. But no such claim application under Section 166 of 163 (A) of the MV Act can be held maintainable against a dead person and no such direction can be passed against a dead man. Since Opposite Party No.1 is a dead person on the date of presentation of the claim applications, the claim applications are held not maintainable against said O.P. No.1 who is the admitted owner of the offending vehicle. In absence of valid LRs of the deceased owner, the claim is also not

entertainable against the insurer in a proceeding filed under the provisions of Section 166 or 163-A of the MV Act.

8. In the result the claim applications are held not maintainable in absence of valid owner or his LRs and therefore, the directions passed by the tribunal are set aside.

9. The appeals are allowed and the impugned award is set aside. However, it is open for the claimants to raise their claims before appropriate forum under personal accident coverage, if any.

10. The statutory deposit made by the insurer - Appellant in all the four appeals before this court along with accrued interest be refunded on proper application.

11. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 17-Aug-2023 11:06:23