Sambhu Das And Others vs Madhab Barik And Another
2023 Latest Caselaw 2091 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.600 of 2022

            Sambhu Das and others                       ....        Appellants
                                                    Mr.P.K.Mishra, Advocate

                                         -versus-

            Madhab Barik and another             ....       Respondents
                           Mr.G.P.Dutta, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

13.3.2023 Order No.

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

2. Heard Mr.Mishra, learned counsel for the claimants- Appellants and Mr.Dutta, learned counsel for Insurer-Respondent No.2.

3. Present appeal by the claimants is directed against the judgment dated 19.10.2022 of the learned Addl. Sessions Judge- 5th MACT, Athmallik, in MAC Case No.3 of 2021, wherein the Tribunal has dismissed the claim application.

4. The accident took place on 14th December, 2020 at Malabandha bridge under the jurisdiction of Parjanga Police Station in the district of Dhenkanal. The claimants are the residents of Burukuna under Samal Police Station in the district of Angul. Respondent No.1, owner of the offending vehicle i.e. Bolero Jeep bearing Registration No.OR-19-D-6721 is a resident

of Burukuna in the district of Angul. The Tribunal held that the claim application at Athmallik is not maintainable since the address of the Insurer Branch Office is at Jeydev Vihar, Bhubaneswar. Such approach of the Tribunal is absolutely erroneous since the Insurance Company i.e., M/s.HDFC ERGO General Insurance Co. Ltd. is doing its business all over the country, which is not disputed at the Bar. Further, the Supreme Court in the case of Malati Sardar vrs. National Insurance Company Limited and others, (2016)1 SCC 4, have held as follows:

"16. The provision in question, in the present case, is a benevolent provision for the victims of accidents of negligent driving. The provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hypertechnical approach in such matters can hardly be appreciated. There is no bar to a claim petition being filed at a place where the insurance company, which is the main contesting party in such cases, has its business. In such cases, there is no prejudice to any party. There is no failure of justice. Moreover, in view of categorical decision of this Court in Mantoo Sarkar v. Oriental Insurance Co. Ltd.,(2009) 2 SCC 244, contrary view taken by the High Court cannot be sustained. The High Court failed to notice the provision of Section 21 CPC."

5. In view of the discussions made above and the law settled, the impugned award is set aside and the matter is remitted back to the Tribunal to decide the claim application afresh on merit after granting opportunity to all the parties concerned. The parties present before this Court are directed to appear before the Tribunal on 3rd April, 2023 along with a certified copy of this order. The Tribunal is further directed to dispose of the claim

application within a period of four months from the date of appearance.

6. The appeal is disposed of.

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

( B.P. Routray) Judge

C.R.Biswal