Divisional Manager vs Akula Charan Das And Another
2024 Latest Caselaw 16168 Ori

Orissa High Court

Divisional Manager vs Akula Charan Das And Another on 4 November, 2024

Author: B. P. Routray

Bench: B. P. Routray

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                             MACA No.874 of 2010

                                          Divisional Manager, National             ....           Appellant
                                          Insurance Company Ltd.
                                                                               Mr. B.N. Udgata, Advocate
                                                                  -versus-
                                          Akula Charan Das and another         ....       Respondents
                                                          Mr. A.K. Das, Advocate for Respondent No.1

                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY

                                                                   ORDER

04.11.2024 Order No.

19. 1. Heard Mr. B.N. Udgata, learned counsel for the Appellant-

Insurance Company and Mr. A.K. Das, learned counsel for Respondent No.1-claimant.

2. Present appeal by the insurer is directed against the judgment dated 23.06.2010 of learned 2nd M.A.C.T., N.D., Sambalpur in Misc.(A) Case No.165 of 2004 (D), wherein compensation to the tune of Rs.96,966/- has been granted along with interest @6% per annum to the claimant from the date of filing of the claim application, i.e.06.08.2004, on account of injury sustained by him in the motor vehicular accident dated 09.04.2004.

3. The only challenge raised by the insurer is against the liability saddled upon the insurer. According to Mr. Udgata, the insurer has no liability in the present case since the policy of insurance is in respect of third party risk only.

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 04-Nov-2024 17:21:37

4. The contention of the insurer that, the policy is 'Act Only' and does not cover the risk of occupants is not rebutted by the claimant. When it is admitted that, the vehicle is a private vehicle and the insurance policy being 'Act Only' does not cover its occupants, then the claim of the injured to get the compensation indemnified by insurer is not sustainable. Therefore, the insurer- Appellant is exempted from the liability saddled on it. However, it is open for the claimant to get the compensation from the owner.

5. In the result, the appeal is allowed and the insurer-Appellant is exempted from the liability for payment of compensation on behalf of the owner of the vehicle.

6. The statutory deposit made before this Court with accrued interest thereon shall be refunded to the Insurance Company.

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

( B.P. Routray) Judge

B.K. Barik

Signed by: BASANTA KUMAR BARIK Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Nov-2024 17:21:37