The Divisional Manager vs Narayan Gouda And Another
2023 Latest Caselaw 7248 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.701 of 2018
                 The Divisional Manager, Oriental
                 Insurance Co. Ltd., Saheed Nagar,
                 Bhubaneswar                               ....           Appellant
                                                        Mr. G.P. Dutta, Advocate
                                             -versus-
                 Narayan Gouda and Another                 ....        Respondents
                                  Mr. D. Chhotray, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

4.7.2023 Order No.

13. 1. The matter is taken up through hybrid mode.

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. D. Chhotray, learned counsel for the claimant - Respondent.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 7th February, 2018 of learned 8th MACT, Aska passed in MAC Case No.63 of 2014, wherein compensation to the tune of Rs.6,50,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 9th July, 1999 has been granted on account of injuries sustained by the minor claimant Narayan Gouda in the motor vehicular accident dated 12th April, 1999.

4. Mr. Dutta contends that the owner himself was the driver of the offending vehicle, i.e. truck bearing registration number OR-07-C- 6732 and he did not have a valid driving licence on the date of accident. The DL possessed by him was a fake one as per Ext.D.

5. The name of the admitted owner-cum-driver of the offending vehicle is Manguli Rout and Ext.D is the extract copy of his DL. Said Ext.D speaks that the original DL number is 210/1995-0. What is contended by the insurer is that, said old DL No.210/95-0 is connected to original DL No.4641/82, which as per the information supplied under Ext.A is fake. Perusal of copy of Ext.A reveals that the same is copy of letter issued by the RTO, Bhubaneswar which speaks that no DL against No.4641/82 has been issued to Manguli Rout. Said Ext.A does not speak father's name of Manguli Rout nor his age or address. No probable link is found to establish any connection between DL No.4641/82 with DL No.210/95-0. In other words, the insurer has failed to establish the fact that present DL No.OR- 0719870038988 is anyway linked to DL No.4641/82 to suggest the same as fake one. Therefore, all such contentions raised by Mr. Dutta are rejected. Accordingly, the liability saddled on the part of the insurer to indemnify the compensation amount is confirmed.

6. On the question of quantum of compensation, no merit is seen in the contention of the insurer to reduce the same, particularly keeping in view the fact that the injured was a minor boy aged about 5 years who sustained permanent disability to the extent of 55%.

7. In the result the appeal is dismissed and the Appellant - insurer is directed to deposit entire compensation before the tribunal along with interest as per its direction within a period of two months from today; where-after the same shall be disbursed in favour of the injured - claimant on same terms and conditions contained in the impugned judgment.

8. The statutory deposit made by the appellant before this court along with accrued interest thereof be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal

9. The copies of exhibits as produced in course of hearing by Mr. Chhotray are kept on record.

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

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

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack