Baidyanath Rout vs Basanta Kumar Mohapatra & Anr
2023 Latest Caselaw 2633 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.425 of 2008

                 Baidyanath Rout                         ....          Appellant
                                                        Mr. K.K.Das, Advocate
                                           -versus-
                 Basanta Kumar Mohapatra & Anr.          ....       Respondents
                                                          Mr. S.Roy, Advocate


                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

31.03.2023 Order No.

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

2. Heard Mr.Das, learned counsel for the Appellant and Mr.Roy, learned counsel for the Respondents.

3. Present appeal by the injured Claimant is directed against judgment dated 31st March, 2008 of MACT, Balasore in M.A.C. Case 219 of 2002, wherein the Tribunal has refused to grant any compensation.

4. The Tribunal upon discussion has held that the claim application is not maintainable in absence of the owner and further the Claimant has failed to establish any negligence on the part of the driver of the offending vehicle i.e. Truck bearing registration No. OR-01A-1262.

5. It is seen that the owner of the offending vehicle namely, Jyoti Ranjan Chand was not impleaded in the claim application but one Basanta Kumar Mohapatra was impleaded in his place, who has no connection with the offending vehicle. For the same reason

which is clear from Ext.1/d and Ext.C, no flaw is seen in the impugned order to interfere with.

6. Accordingly, the appeal is dismissed.

( B.P. Routray) Judge

S.Das