Santosh Kumar Sahu (In Maca ... vs Smt. Namita Bodo Raita And Others
2023 Latest Caselaw 1858 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.223 of 2019
                 MACA No.223 of 2019 & 248 of 2019
                 Santosh Kumar Sahu                  (in MACA No.223/2019)
                 Branch Manager, M/s. Oriental
                 Insurance Company Ltd.              (in MACA No.248/2019)
                                                         ....       Appellants
                                         Mr. Prasanna Kumar Mishra, Advocate
                                                      (in MACA No.223/2019)
                      Mr. Nayan Behari Das, Advocate (in MACA No.248/2019)
                                          -versus-
                 Smt. Namita Bodo Raita and Others       ....     Respondents in
                                                                 both the cases
                            Mr. Nayan Behari Das, counsel for Respondent No.4
                              Mr. S.K. Tripathy, counsel for Respondents 1 to 3
                                                   (in MACA No.223 of 2019)
                      Mr. Prasanna Kumar Mishra, counsel for Respondent No.4
                              Mr. S.K. Tripathy, counsel for Respondents 1 to 3
                                                   (in MACA No.248 of 2019)

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

28.2.2023 Order No.

11. 1. The matters are taken up through hybrid mode.

2. Heard Mr. P.K. Mishra, learned counsel for the owner, Mr. N.B. Das, learned counsel for the insurer and Mr. S.K. Tripathy, learned counsel for the claimants.

3. Both the appeals being arise out of same impugned judgment dated 15th February, 2019 of learned 4th MACT, Gunupur passed in

MAC Case No.9 of 2015, are heard together and disposed of by this common order.

4. MACA No.223 of 2019 has been filed by the owner challenging the award on the ground that adequate opportunity of hearing has not been granted to him.

5. MACA No.248 of 2019 has been filed by the insurer challenging the award on the ground that the tribunal has erroneously directed the insurer to pay the compensation.

6. First dealing with the challenge advanced by the owner, it is seen that he entered appearance before the tribunal on 18th March, 2016. He was set ex parte on 9th May, 2017 since he did not file any written statement. The approach of the tribunal as seen from the LCR to set the owner ex parte is not in consonance with approved law. No one should be set ex parte for not filing the WS or counter. As such, the owner has been deprived of his right of opportunity of hearing. This ground is enough to set aside the impugned award. Therefore no further discussion is made on the grounds urged on behalf of the insurer.

7. In the result both the appeals are disposed of by setting aside the impugned award. The matter is remitted back to learned tribunal for fresh adjudication after granting adequate opportunity of hearing to the owner as well as other intending parties. The Tribunal is to accept the written statement filed by the owner on 5th September 2018 on record. The parties present before this court are directed to appear before the tribunal on 27th March, 2023.

8. The statutory deposit made by the insurer before this court in MACA No.248 of 2019 along with accrued interest be refunded to the insurer on proper application.

9. The original LCR called for in MAC No.817 of 2018 from the court of learned 1st MACT, Cuttack be returned forthwith.

10. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda