Anup Kumar Das Pattanayak vs Smt.Shantilata Prusty & Anr
2023 Latest Caselaw 7734 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 17:48:05


                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                MACA No.1068 of 2013

                             Anup Kumar Das Pattanayak                   ....           Appellant
                                                                       Mr.B.N.Rath, Advocate
                                                          -versus-
                             Smt.Shantilata Prusty & Anr.                ....       Respondents
                                                                      Mr. S.E.Haque, Advocate


                                            CORAM:
                                            SHRI JUSTICE B. P. ROUTRAY
                                                        ORDER

17.07.2023 Order No.

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

2. Heard Mr.Rath, learned counsel for the Appellant and Mr.Haque, learned counsel for the claimant-Respondents.

3. Present appeal by the Claimant is directed against the judgment dated 29th August, 2013 passed by Additional District Judge-cum-4th Motor Accident Claims Tribunal, Mayurbhanj in MAC Case No. 09/102 of 2011-10, wherein the Tribunal has rejected the claim application by disbelieving the case of the Claimant as an injured in the accident.

4. It is seen that the accident took place on 25th January, 2010 and the offending vehicle is a passenger Bus. Though other injured was treated at the local hospital, i.e. D.H.H, Baripada on police requisition but no such requisition in respect of the present Claimant is there. According to him, he went to D.H.H, Baripada by a private person and then was referred to SCB Medical College and Hospital, Cuttack.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 17:48:05

5. Admittedly no such external injury sustained by the Claimant is mentioned in the certificate issued by the D.H.H. Baripada under Ext.5, where it is only mentioned that the injured is referred to SCB Medical College and Hospital, Cuttack on request. The Claimant came to SCB Medical College and Hospital on 26th January 2010. The police also did not say the name of present Claimant as an injured in the accident in its investigation report. Therefore, in absence of any substantial material produced by the Claimant to justify his case that he was in fact injured in the motor accident dated 25th January 2010 involving in the offending vehicle, the findings of the Tribunal cannot be disturbed and are confirmed.

6. Accordingly, the appeal is dismissed.

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

( B.P. Routray) Judge

S.Das