Jagdish Prasad Agarwal vs Malti Pradhani & Ors
2023 Latest Caselaw 9797 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 13:29:24




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     MACA No.370 of 2012

                                Jagdish Prasad Agarwal                    ....         Appellant
                                                                       Mr.B.K.Behera, Advocate

                                                            -versus-

                                Malti Pradhani & Ors.                  ....      Respondents
                                            Mrs.S.Mitra, Advocate for Respondent Nos. 1 to 3
                                                Mr.P.K.Mahali, Advocate for Respondent No.4


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

22.08.2023 Order No.

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

2. Heard Mr. Behera, learned counsel for the Appellant, Mrs.Mitra, learned counsel for the Respondent Nos. 1 to 3 and Mr. Mahali, learned counsel for Respondent No.4.

3. Present appeal by the Owner is directed against judgment dated 25th January, 2012 of Additional District Judge- cum-4th M.A.C.T., Titilagarh in MAC No.3 of 2010, wherein compensation to the tune of Rs.3,40,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in motor vehicular accident on 11th December, 2009.

4. The offending vehicle is Tractor bearing registration No.OR-08-B-6166 and it is admitted at the bar, particularly by Mr.Mahali, learned counsel for the Insurer that, the offending

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 13:29:24

vehicle had a valid insurance police on the date of accident. The driving license on the part of the accused driver is also not disputed as has been produced by way of additional evidence before this Court. Accordingly, the Insurer-Respondent No.4 i.e. Oriental Insurance Co.Ltd. is found liable to pay the compensation amount on behalf of the owner.

5. The Appellant does not question quantification of compensation amount.

6. In the result, the appeal is disposed of with a direction to the Insurer-Respondent No.4 to pay the compensation amount along with interest as determined by the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on same terms and proportion as contained in the impugned judgment. However, penal interest @ 7% as directed by the Tribunal is waived.

7. The statutory deposit made by the Appellant with accrued interest thereon shall be refunded to him on proper application.

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

( B.P. Routray) Judge

S.Das