Orissa High Court
Sanjukta @ Sanjulata Pattajoshi vs Parsurama Durga And Anr on 15 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.1251 of 2014
Sanjukta @ Sanjulata Pattajoshi .... Appellant
Mr.M.K.Agarwal, Advocate
-versus-
Parsurama Durga and Anr. .... Respondents
Mr.B.Samantray, Advocate
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
15.05.2023
Order No.
12. 1. The matter is taken up through Hybrid mode.
2. Heard Mr. Agarwal, learned counsel for the Appellant,
and Mr.Samantray, learned counsel for Respondent Nos.1 & 2.
3. Present appeal by the owner-Appellant is directed
against judgment dated 2nd September, 2014 of Additional
District Judge-cum- 3rd MACT, Kalahandi in M.A.C. Case
No.25/46 of 2010-12, wherein compensation to the tune of
Rs.3,50,000/- has been granted along with interest @5% per
annum with effect from the date of filing of the claim application
on account of death of the deceased in motor vehicular accident
dated 23rd March, 2010.
4. The entire contention raised by the Appellant is that no
negligence was there on the part of driver of the offending
vehicle i.e. Bus bearing registration No.OR-08-C-0399 in
causing the accident. It is also submitted that the motor-cycle in
which the deceased was riding dashed behind the offending Bus.
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: OHC
Date: 16-May-2023 16:35:12
5. This contention raised by the owner at this stage
appears simple falsehood. It is the consistent case of Claimants
based on the police papers including investigation report that the
offending Bus dashed the motor-cycle from behind.
6. The driver of the motor-cycle, in which the deceased
was the pillion rider, was examined as P.W.1 from the side of the
Claimants whereas the driver of the offending Bus was examined
as O.P.W.1 from the side of the owner. Having gone through
their evidences it is seen that the statements made by P.W.1 that
the offending Bus dashed the motor-cycle from behind is found
corroborated from the police investigation report as well as the
FIR. Admittedly, the police upon completion of investigation has
submitted the charge-sheet against the accused driver (O.P.W.1)
for commission of offences under Section 279/338/304-A IPC to
face criminal prosecution. Therefore, the preponderance of
probability is seen in favour of the contention of the Claimants
that the offending Bus dashed the motor-cycle from behind
resulting death of the deceased in the accident. So the negligence
on the part of the driver of the offending Bus is established as
concluded by the Tribunal. The finding of the Tribunal in this
regard is confirmed by this Court.
7. There has been no further challenge raised with regard
to quantum of compensation. So, no reason is found to interfere
with the amount awarded by the Tribunal. It needs to be
mentioned here that the offending Bus did not have any valid
insurance policy on the date of accident which was running
without any insurance policy in violation of the provisions under
the MV Act.
8. In the result, the appeal is dismissed.
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: OHC
Date: 16-May-2023 16:35:12
9. The copies of evidences and documents produced in
course of hearing are kept on record.
10. Urgent certified copy of this order be granted on
proper application.
( B.P. Routray)
Judge
S.Das
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: OHC
Date: 16-May-2023 16:35:12
