Legal Manager vs Abhimanyu Kanhara And Others
2023 Latest Caselaw 10602 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      MACA No.57 of 2023
                                 Legal Manager, National Insurance      ....         Appellant
                                 Co. Ltd.
                                                               Mr. B. Dasmohapatra, Advocate
                                                           -versus-
                                 Abhimanyu Kanhara and others           ....      Respondents
                                          Mr. P.K. Mishra, Advocate for Respondent Nos.1 & 2
                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                          ORDER

01.09.2023 Order No.

04. 1. Heard Mr. B. Dasmohapatra, learned counsel for Appellant-

Insurance Company and Mr. P.K. Mishra, learned counsel for Respondent Nos.1 & 2-claimants.

2. Present appeal by the insurer is directed against judgment dated 12.10.2022 of learned 5th MACT, Athgarh passed in M.A.C. Case No.11 of 2018, wherein learned Tribunal has granted compensation to the tune of Rs.11,07,924/- along with interest @6% per annum to the claimants from the date of filing of claim application, i.e. 26.6.2018 on account of death of the deceased in the motor vehicular accident dated 4.6.2018.

3. Mr. B. Dasmohapatra, learned counsel for the Appellant submits that the driver of the offending vehicle did not have a valid license on the date of accident and therefore, the insurer is not liable to pay the compensation amount.

4. As seen from record and discussed at paragraph 9(a) and 9(b) of the impugned judgment, it appears that the license of the driver

Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 11:06:25 has been stated to be a fake one. Therefore, keeping in view the principles propounded in the cases of National Insurance Co. Ltd. vs. Swaran Singh and others, (2004) 3 SCC 297, and Nirmala Kothari vs. United India Insurance Co. Ltd, (2020) 4 SCC 49 and Rishi Pal Singh vs. New India Assurance Co. Ltd. (Civil Appeal No.4919 of 2022, decided on 26th July 2022), the conclusion of learned Tribunal to saddle the liability on the insurer is confirmed.

5. On the question of quantum of compensation, no reason is seen to disturb the same in favour of the Appellant-insurer.

6. In the result, the appeal is dismissed and the Appellant- Insurance Company is directed to deposit entire compensation amount along with interest in terms of the direction of learned Tribunal within a period of two months from today, where-after the same shall be disbursed in favour of the claimants on same terms and proportions as contained in the impugned judgment. The penal interest @9% per annum is waived.

7. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant- Insurance Company.

8. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge B.K. Barik

Signature Not Verified

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 08-Sep-2023 11:06:25