Panchanan Das And Others vs New India Assurance Co. Ltd. And
2023 Latest Caselaw 10784 Ori

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
Designation: Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack                    MACA No.975 of 2017
Date: 08-Sep-2023 17:38:55


                                   Panchanan Das and others                 ....         Appellants
                                                                       Mr.D.K.Mohapatra, Advocate

                                                              -versus-

                                   New India Assurance Co. Ltd. and
                                   another                          ....          Respondents
                                                  Mr.A.A.Khan, Advocate for Respondent No.1



                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                            ORDER

4.9.2023 Order No.

9. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Mohapatra, learned counsel for the claimants-Appellants and Mr.Mahali, learned counsel for Insurer- Respondent No.1.

3. Present appeal by the claimants is directed against the judgment dated 30th August 2017 of 3rd M.A.C.T., Jagatsinghpur, in MAC (Misc.Case) No.108 of 2005, wherein the Tribunal has refused to grant any compensation disbelieving the case of the claimants. The insurer as well as owner were set ex-parte and by the Tribunal pronounced the ex-parte judgment.

4. It is submitted at the Bar that since both respondents were not heard before the Tribunal, one more opportunity of hearing may be given to them, particularly the Insurance Company, for taking their defence.

Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL

5. Keeping in view the submissions advanced and the fact Designation: Secretary Reason: Authentication that the claim application has been disposed of by an order of 'nil Location: Orissa High Court, Cuttack Date: 08-Sep-2023 17:38:55 award', the same is set aside and the matter is remitted back to the Tribunal for fresh adjudication. The parties present here are directed to appear before the Tribunal on 3rd October 2023 along with certified copy of this order and the Tribunal shall do well to dispose of the claim application as expeditiously as possible. It is made clear that this Court has not expressed any opinion on merits of the case. Further, it goes without saying that the Insurance Company shall be given an opportunity to file their written statement, if they want so, and opportunity to adduce evidence.

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

( B.P. Routray) Judge

C.R.Biswal