The Manager vs Kamlesh Saraph And Others
2023 Latest Caselaw 7789 Ori

                                           IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    MACA No.735 of 2012
                                The Manager, M/s.Oriental Insurance ....             Appellant
                                Co. Ltd.
                                                                     Ms. M. Jesthi, Advocate
                                                          -versus-
                                Kamlesh Saraph and others              ....       Respondents
                                            Mr. B. Sahoo, Advocate for Respondent Nos.1 to 4

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                         ORDER

18.07.2023 Order No.

23. 1. Heard Ms. M. Jeshi, learned counsel for the Appellant-

Insurance Company as well as Mr. B. Sahoo, learned counsel for Respondent Nos.1 to 4-claimants.

2. Present appeal by the insurer is directed against award dated 6.3.2012 of the learned 1st MACT, Sundargarh in MACT Case No.39 of 2007 wherein the learned Tribunal has granted compensation to the tune of Rs.2,30,000/- along with simple interest @6% per annum to the claimants from the date of filing of the application i.e. 28.6.2007 on account of death of the deceased in the motor vehicular accident dated 12.3.2007.

3. Ms. M. Jesthi, learned counsel submits for the insurer that no material was produced before the learned Tribunal to justify validity of the insurance coverage of the offending vehicle, i.e. Truck bearing Registration No.OR-23-9771, on the date of accident.

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2023 10:37:42

4. Perusal of record reveals that the insurance company did not adduce any evidence despite permission granted under Section 170 of the M.V. Act to raise their defence. The claimants examined two witnesses on their behalf and adduced the copies of Police papers in support of their claim. Learned Tribunal has specifically observed that the offending vehicle was under valid insurance coverage as seen from the record. Therefore, in absence of any positive evidence adduced from the side of the insurance company to deny valid coverage of insurance policy of the offending vehicle on the date of accident, such contentions raised on behalf of the insurer is rejected.

5. On the question of quantum of compensation, no reason is seen to interfere in support of the insurer to reduce the same.

6. In the result, the appeal is dismissed and the Insurance Company is directed to deposit the entire compensation amount along with interest in terms of directions of the Tribunal within a period of two months from today, which shall be disbursed in favour of the claimants on such terms and proportions as contained in the impugned judgment.

7. On deposit of the award amount before the 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.

( B.P. Routray) Judge B.K. Barik

Signature Not Verified

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2023 10:37:42