The Oriental Insurance Co.Ltd vs Kumari Upasana Dash & Anr
2023 Latest Caselaw 11555 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 26-Sep-2023 17:09:37




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.150 of 2008

                                The Oriental Insurance Co.Ltd.             ....         Appellant
                                                                           Mrs.R.Pati, Advocate

                                                             -versus-

                                Kumari Upasana Dash & Anr.                 ....         Respondents
                                                                                        None


                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

22.09.2023 Order No.

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

2. The notice on Respondent Nos. 1 & 2 is treated sufficient in view of Office note.

3. Heard Mrs.Pati, learned counsel for the Appellant.

4. None appears on call for the Respondents.

5. Present appeal by the Insurer is directed against judgment dated 31st December, 2007 of 2nd M.A.C.T., Sambalpur passed in Misc Case No.259 of 2002, wherein compensation to the tune of Rs.20,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 20th January, 2001.

6. Ms.Pati contends that attributing part negligence on the driver of Truck bearing registration No. MP-23-D-9482 is

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Sep-2023 17:09:37

erroneous since the accident took place due to front collision for sole negligence of the car driver.

7. It is seen from the impugned judgment that the Tribunal has discussed the negligence aspect elaborately and fixed negligence at the ratio of 60:40 between the car and truck drivers respectively. The reason for contributing negligence on the driver in both the vehicles is based on the statement of the driver of the truck as an eye witness and the report of the MVI produced on record under Ext.B. Having gone through the same, I do not see any infirmity in fixing negligence on both the drivers accordingly. As such no merit is seen in the appeal and the same is dismissed.

8. The Appellant is directed to deposit entire amount of compensation due on him including interest before the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant.

9. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge

S.Das