Orissa High Court
Oriental Insurance Co. Ltd vs Niranjan Das And Others on 8 February, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.972 of 2018
Oriental Insurance Co. Ltd. .... Appellant
Mrs. N. Mohanty, Advocate
-versus-
Niranjan Das and others .... Respondents
Mr. S.K. Dash, Advocate for Respondent No.1
Mr. G.C. Samantaray, Advocate for Respondent No.4
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
08.02.2023
Order No.
14. 1. Heard Mrs. N. Mohanty, learned counsel for the Appellant-
Oriental Insurance Company Ltd., Mr. S.K. Dash, learned counsel
for Respondent No.1-claimant and Mr. G.C. Samantaray, learned
counsel for Respondent No.4-New India Insurance Co. Ltd.
2. Present appeal by the Oriental Insurance Co. Ltd. is directed
against judgment dated 26.04.2018 of learned 4th MACT,
Berhampur, Ganjam in M.A.C. Case No.172 of 2011, wherein the
Tribunal has granted compensation to the tune of Rs.1,98,315.95
paise along with interest @6% per annum to the claimant from
the date of filing of the claim application, i.e. 18.05.2011 on
account of injuries sustained by him in the motor vehicular
accident dated 26.02.2010.
3. Mrs. Mohanty, learned counsel submits on behalf of the
Appellant-Oriental Insurance Company Ltd. that present
Appellant was the insurer of the offending Tractor-Trolley and
the accident was the result of front collision between Tractor-
Trolley with the Mini Bus, which was insured by New India
Insurance Co. Ltd. According to Mrs. Mohanty, the injured-
claimant was travelling in the Tractor-Trolley as a gratuitous
passenger and therefore, the insurance company is not liable to
indemnify the owner.
4. It is seen that learned Tribunal while directing for payment of
compensation of Rs.1,98,315.95 paise has shared the amount
between both the insurance companies in the ratio of 50:50 each.
5. Mr. G.C. Samantaray, learned counsel for the other insurance
company, i.e.New India Insurance Co. Ltd. submits that the
compensation amount on their part has already been satisfied
with.
6. On perusal of the evidence of the injured-claimant (P.W.1), it
reveals that he has admitted about his travelling in the offending
Tractor-Trolley at the time of accident by paying fare to the
driver. This part of the statement of the injured-claimant is not
controverted through rebuttal evidence. Accordingly, considering
the status of the injured as a gratuitous passenger, the insurer-
Appellant, i.e. Oriental Insurance Company Limited is granted
with liberty to recover the compensation amount fall on their part
from the owner of the Tractor-Trolley in accordance with law.
7. No valid point is seen to interfere with quantification of
compensation amount and no such challenge is also advanced in
that respect.
8. In the result, the appeal is disposed of with a direction to the
Appellant-Oriental Insurance Company Limited to deposit the
compensation amount due on his part as per the direction of the
Tribunal, including interest, within a period of two months from
today, which shall be disbursed in favour of the injured-claimant,
Respondent No.1 on same terms and proportions as contained in
the impugned judgment.
9. The amount, if any, deposited before the Certificate Officer be
refunded to the Appellant on filing of proper application. The
certificate proceeding initiated against the Appellant-Oriental
Insurance Company Ltd. be dropped upon production of deposit
of the amount before the learned Tribunal.
10. On deposit of the award amount before learned Tribunal and
filing of a receipt evidencing the deposit with a refund application
before this Court, the statutory deposit made before this Court
with accrued interest thereon shall be refunded to the Appellant-
Insurance Company.
11. The copy of deposition of P.W.1 as produced by Mrs.
Mohanty is kept on record.
( B.P. Routray)
Judge
B.K. Barik
