Ananga Kumar Otta vs Union Of India And Others
2023 Latest Caselaw 14433 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    W.P.(C) No. 163 of 2020

            Ananga Kumar Otta                        ...            Petitioner
                                         Mr. Susanta Kumar Dash, Advocate
                                       -versus-
            Union of India and Others                ...      Opposite Parties
                         Mr. Prasanna Kumar Parhi, Deputy Solicitor General
                                         assisted by Mr. S.S. Kashyap, CGC
                                       Mr. Ashok Ku. Parija, Senior Advocate
                 assisted by Mr. Satya Smruti Mohanty, Advocate (Intervenor)

            CORAM:
            ACTING CHIEF JUSTICE DR. B.R. SARANGI
            MR. JUSTICE MURAHARI SRI RAMAN
                                         ORDER

Order No.                               13.11.2023
            I.A. No.4973 of 2023

14. 1. This is an application filed by the Intervenor-Universal Sompo General Insurance Company Limited for intervention in the present proceeding.

2. Considering the grounds taken in the application, the prayer is allowed. The application is accordingly disposed of.

W.P.(C) No. 163 of 2020

3. Heard Mr. P.K. Parhi, learned Deputy Solicitor General assisted by Mr. S.S. Kashyap, learned Central Government Counsel, Mr. Ashok Kumar Parija, learned Senior Advocate assisted by Mr. S.S. Mohanty, learned counsel for the intervenor (Universal Sompo General Insurance Company Limited) in I.A. No.4973 of 2023.

4. Both the counsel have stated that the similar question has been considered by Kerala High Court in OP (MAC) No.6 of 2023 vide order dated 23rd January, 2023. The learned Single Judge of Kerala High Court has disposed of the above matter vide judgment dated 23.01.2023 holding that provisions of the Limitation Act would be applicable for entertaining the petition for claiming the compensation even beyond the period of six months, for, by taking into consideration, Rule 17 of Annexure-XIII framed under Rule 150A of the Central Moror Vehicles Rules, 1989 and also held that the limitation to entertain the claim petition cannot be restricted to six months as there is no provision in the Act excluding the applicability of provisions of Section 29(2) of the Limitation Act. Thereby, it is held that the claim petitions, if filed beyond the period of six months cannot be dismissed in limine.

5. The judgment of the learned Single Judge dated 23.01.2023 is assailed before the apex Court in Special Leave Petition (Civil) Diary No.22696 of 2023 in which the apex Court has granted interim order on 03.07.2023.

6. It has also come to the notice of this Court that similar question was also come up for consideration before the High Court of Telengana at Hyderabad where an interim order had been passed in W.P.No.1395 of 2023 and the interlocutory application filed in W.P. No.1396 of 2023 which have also been challenged before the apex Court in Special Leave to Appeal (C) No.8412-8413 of 2023. The apex Court vide order dated 04.05.2023 has granted stay.

Therefore, all the matters are pending before the apex Court for consideration.

7. Mr. S.K. Dash, learned counsel appearing for the petitioner also brought to notice of this Court a case of Bombay High Court i.e. Public Interest Litigation (L) No.22297 of 2022 which is also pending there for consideration of the self-same question.

8. Having heard learned counsel for the parties and considering the materials available on record, this Court is not inclined to pass any order at this stage. Awaiting the judgment of the apex Court, the writ petition stands adjourned.

(DR. B.R. SARANGI) ACTING CHIEF JUSTICE

(M.S. RAMAN) JUDGE

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Reason: Authentication

Date:

S.K.    16-Nov-2023 10:47:56
     Jena/Secy