Sridhar Samal vs Kalinga Self Help Transport ...
2023 Latest Caselaw 9786 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 13:29:25




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     MACA No.128 of 2017

                                Sridhar Samal                              ....        Appellant
                                                                       Mr.K.C.Nayak, Advocate

                                                            -versus-

                                Kalinga Self Help Transport Co.Ltd. & ....       Respondents
                                Anr.
                                                                 Mr.R.C.Sahoo-1, Advocate

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

22.08.2023 Order No.

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

2. Heard Mr. Nayak, learned counsel for the Appellant, and Mr.Sahoo, learned counsel for the Respondent No.2.

3. Present appeal by the injured Claimant is directed against judgment dated 28th November, 2016 of 2nd Additional District Judge-cum-3rd M.A.C.T., Cuttack, in Misc Case No.870 of 2006, wherein the learned Tribunal has refused to grant any compensation by holding that the Claimant has failed to substantiate his case in absence of any evidence produced.

4. The specific observation of the Tribunal is that the injured-Claimant has failed to adduce any evidence despite several opportunities granted to him. Mr.Nayak submits that the poor claimant could not produce any evidence due to illness.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 13:29:25

5. However, keeping in view the beneficent intention of the statute and the claim of the Appellant that he was injured in a road traffic accident, he is granted one more opportunity to establish his case.

6. Accordingly, the appeal is disposed of by remanding back the matter to the Tribunal for fresh adjudication after granting opportunity of hearing to the Claimant and other necessary parties. The parties present before this Court are directed to appear before learned Tribunal on 18th September 2023 along with certified copy of this order and learned Tribunal shall do well to dispose of the claim application in accordance with law as expeditiously as possible. It is made clear that the Tribunal is at liberty to pass appropriate order for failure on the part of the Claimant to adduce evidence within reasonable time.

7. The Insurer is at liberty to claim for waiver of interest for the period of pendency of the claim application and the present appeal.

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

( B.P. Routray) Judge

S.Das