Sanjukta Satapathy vs National Insurance Company Ltd. ...
2023 Latest Caselaw 2451 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.635 of 2019


                 Sanjukta Satapathy                       ....         Appellant
                                                        Mr.A.K.Sahoo, Advocate

                                            -versus-

                 National Insurance Company Ltd. and
                 others                                ....       Respondents
                                    Mr.N.B.Das, Advocate for Respondent No.1
                                   Mr.H.Mishra, Advocate for Respondent No.2

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY

                                         ORDER

27.3.2023

Order No.

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

2. Heard Mr.A.K.Sahoo, learned counsel for the Appellant and Mr.N.B.Das, learned counsel for Respondent No.1-National Insurance Co. Ltd. as well as Mr.H.Mishra, learned counsel for Respondent No.2-United India Insurance Co. Ltd.

3. Present appeal by the injured claimant is directed against the judgment dated 29th January, 2016 of the Second Motor Accident Claims Tribunal, Cuttack in Misc.Case No.1226 of 2000, wherein the Tribunal has passed the 'nil award'.

4. Upon perusal of the impugned award, it reveals that due to failure on the part of the injured to adduce evidence, 'nil award' has

been passed by the Tribunal. It is true that the injured-claimant did not adduce any evidence despite claim application was kept pending for more than 15 years. Nevertheless, considering plight of a poor injured and beneficial intention of the statute, the claimant is granted one more opportunity to prove her case. Accordingly, the impugned award is set aside and the matter is remitted back to the Tribunal with a direction to dispose of the claim application afresh in accordance with law after granting one more opportunity of hearing to all the parties. The parties present before this Court are directed to appear before the Tribunal on 24th August, 2023 and the Tribunal shall put all endeavor to dispose of the claim application by end of December, 2023.

5. With the aforesaid observation and direction, the appeal is disposed of.

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

( B.P. Routray) Judge

C.R. Biswal