Krushna Chandra Senapati vs Jyotilaxmi Pattnaik & Anr
2023 Latest Caselaw 9794 Ori

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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.623 of 2020

                                Krushna Chandra Senapati                  ....        Appellant
                                                                     Mr.S.K.Mohanty, Advocate

                                                             -versus-

                                Jyotilaxmi Pattnaik & Anr.              ....       Respondents
                                                     Mrs.R.Pati, Advocate for Respondent No.2
                                               Mr.H.Mohapatra, Advocate for Respondent No.1

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

22.08.2023 Order No.

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

2. Heard Mr. Mohanty, learned counsel for the Appellant, Mrs.Pati, learned counsel for the Respondent No.2 and Mr.Mohapatra, learned counsel for the Respondent No.1.

3. Present appeal by the injured Claimant is directed against judgment dated 25th February, 2020 of 2nd M.A.C.T., Cuttack, in MAC No.391 of 2011, wherein compensation to the tune of Rs.68,920/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 25th November, 2010.

4. The sole dispute in the appeal is with regard to validity of insurance policy and learned Tribunal in the impugned order has absolved the Insurer from liability holding that the offending

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

vehicle did not have valid insurance policy on the date of accident. In course of hearing Mr.Mohapatra, learned counsel for the owner as well as Mrs.Pati, learned counsel for the Insurer admit that the offending vehicle, i.e. Bolero bearing registration No.OR-02-AH-3194 had valid insurance policy on the date of accident vide policy No. 348801/31/2010/9606 valid for the period 12th January 2010 to 11th January 2011. As such, no further dispute remains on the liability of the Insurer to indemnify the compensation amount.

5. The Claimant-Appellant does not question the compensation amount granted by the Tribunal in his favour.

6. In the result, the appeal is allowed and the liability is saddled on the Insurer-Respondent No.2, i.e. Oriental Insurance Co. Ltd. Accordingly, Insurer-Respondent No.2 is directed to deposit the entire compensation along with interest as directed by learned Tribunal within a period of two months from today, which shall be disbursed in favour of the Claimants on such terms and proportion to be decided by the Tribunal.

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

( B.P. Routray) Judge

S.Das