Mamata Sethi vs Sarat Chandra Pradhan
2023 Latest Caselaw 8309 Ori

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Signed by: SANGRAM DAS
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Location: High Court of Orissa, Cuttack
Date: 01-Aug-2023 16:17:02




                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.51 of 2019

                              Mamata Sethi                                ....        Appellant
                                                                       Mr.P.K.Mishra, Advocate

                                                            -versus-

                              Sarat Chandra Pradhan                       ....       Respondent
                                                                                      None

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

31.07.2023 Order No.

04. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. Mishra, learned counsel for the Appellant.

3. No one entered appearance for the Respondents.

4. Present appeal by the Claimant is directed against judgment dated 30th October, 2018 of Additional District Judge- cum-4th MACT, Angul in M.A.C. Case No.49 of 2015, wherein the Tribunal has refused to grant any compensation.

5. The case of the Claimant is that the deceased, namely Priti Manjari Sethi a minor girl aged about 3 years died in a motor vehicular accident on 14th April, 2009 involving Tractor trolley bearing registration No. OR-06-D-9278/9279. The Tribunal upon discussion has though determined compensation of Rs. 2,00,000/- in favour of the Claimants, but on the question of liability it is negated holding that the name of owner could not be revealed by the Claimant and therefore, no payment can be

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Aug-2023 16:17:02

directed against anyone. As such, the Tribunal has refused to pass any direction for payment of compensation.

6. In the present appeal, despite notice was made sufficient against the Owner-respondent no one did appear on his behalf. He also did not contest the case in the Tribunal. A copy of the registration certificate of the offending vehicle has been filed along with the appeal to substantiate the name of the owner as Sarat Chandra Pradhan (Respondent). Thus, it is established that said Sarat Chandra Pradhan is the owner of the offending Tractor trolley and accordingly he is held liable to pay the compensation amount determined by the Tribunal.

7. In the result, the appeal is allowed and the Respondent is directed to pay the compensation amount of Rs.2,00,000/- (Two lakhs) along with interest @ 6% as determined by the Tribunal in favour of the Claimants within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal. Failing to deposit the amount by the owner within the time stipulated above, it is open for the Claimant to realize the amount from him.

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

( B.P. Routray) Judge S.Das