Iffco-Tokio General Insurance Co vs Smt. Jayanti Pradhan And Others
2023 Latest Caselaw 8320 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.490 of 2011
                 IFFCO-TOKIO General Insurance Co.
                 Ltd., represented through its duly      ....
                                                                      Appellant
                 constituted Attorney Shakespeare
                 Sarani, Kolkata.
                                                       Mr. G.P. Dutta, Advocate
                                              -versus-
                 Smt. Jayanti Pradhan and Others          ....        Respondents
                                 Mr. A. Pradhan, counsel for Respondents 1 to 3

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

31.7.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant and Mr. A. Pradhan learned counsel for the claimant - Respondents.

3. Present appeal by the insurer - Appellant is directed against impugned judgment dated 8th June, 2011 of learned 2nd MACT, Sambalpur passed in MAC Case Nos.135 of 2008 (S.B.P.), wherein compensation to the tune of Rs.3,75,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 15th July, 2008 has been granted on account of death of deceased Nabin Pradhan in the motor vehicular accident dated 10th February, 2008.

4. Mr. Dutta, learned counsel submits on behalf of the insurer that the deceased was a gratuitous passenger in respect of the offending vehicle, i.e. Pick-Up van bearing registration number OR-17-E-5253 at the time of accident and further, the driver of the offending vehicle did not have a valid licence on the date of accident.

5. So far as the first contention is concerned, as seen from record, the deceased was travelling in the offending vehicle as the owner of goods and no contrary material has been produced by the insurer to deny the status of deceased as owner of goods. As such, the finding of Tribunal is confirmed in that respect to take the deceased as owner of goods.

6. So far as other contention regarding fake driving licence of the driver is concerned, it is the evidence of the owner as O.P.W.1 that he verified the driving licence of the driver, namely Kailash Sahu before his engagement and being satisfied with his skill the driver was engaged. Therefore, as per the law settled in National Insurance Co. Ltd. vs. Swaran Singh and others, (2004) 3 SCC 297, Nirmala Kothari vs United India Insurance Co.Ltd, (2020) 4 SCC 49 and Rishi Pal Singh vs. New India Assurance Co. Ltd. (Civil Appeal No.4919 of 2022, decided on 26th July 2022), the insurer cannot be absolved of its liability to indemnify the compensation amount. Accordingly both such contentions of the insurer are rejected.

7. So far as the quantum of compensation amount is concerned, no reason is found to reduce the same in favour of the insurer.

8. In the result the appeal is dismissed and the insurer - Appellant is directed to deposit entire compensation amount 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

claimants on same terms and proportion as contained in the impugned judgment.

9. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded on proper application and on production of proof of deposit of the award amount before the tribunal.

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

Date: 01-Aug-2023 16:22:01