Divisional Manager vs Kumari Penthoi And Others
2023 Latest Caselaw 8907 Ori

Citation : 2023 Latest Caselaw 8907 Ori
Judgement Date : 9 August, 2023

Orissa High Court

Divisional Manager vs Kumari Penthoi And Others on 9 August, 2023

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.99 of 2017

            Divisional Manager,
            MAGMA HDI General Insurance Co.
            Ltd.                                       ....         Appellant
                                                     Mr.G.P.Dutta, Advocate


                                          -versus-


            Kumari Penthoi and others                  ....       Respondents
                            Mr.P.K.Nayak, Advocate for Respondent No.1-6

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

9.8.2023

Order No.

16. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Dutta, learned counsel for the Appellant- Insurer and Mr.Nayak, learned counsel for claimants-Respondent Nos.1 to 6 as well as Mr.D.K.Sahoo-1, learned counsel for Respondent No.7.

3. Present appeal by the Insurer is directed against the judgment dated 18th November, 2016 of Third M.A.C.T., Talcher in M.A.C. Case No.68 of 2015, wherein compensation to the tune of Rs.9,64,000/- has been granted along with interest @7.5% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 7th March 2015.

4. The admitted fact remains that the deceased is the driver of the offending tractor trolly bearing Registration No.OD- 19B-3220 & 3221.

5. In view of such admitted position, the deceased cannot be treated as a third party to maintain the claim application filed under Section 166 of the M.V. Act. Accordingly, the impugned award is set aside and the appeal is allowed.

6. It is held that the deceased is not entitled for any compensation under the provisions of M.V.Act.

7. The statutory amount shall be refunded to the Appellant with accrued interest thereon.

8. It is open for the claimants to raise their claim under the Employees Compensation Act, as prayed for.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 11-Aug-2023 17:54:01