The Oriental Insurance Co vs Surendra Paika & Another
2025 Latest Caselaw 7253 Ori

Orissa High Court

The Oriental Insurance Co vs Surendra Paika & Another on 17 April, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              MACA No.341 of 2023

           The Oriental Insurance Co.       ....                    Appellant
           Ltd.                                              Mr. S. Roy, Adv


                                    -versus-
           Surendra Paika & Another    ....                     Respondents
                                                      Mr. D. Pattanaik, Adv.
                                                              (for Res. No.1)
                                                       Mr. A.K. Swain, Adv.
                                                              (for Res. No.2)


                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY

                                        ORDER

17.04.2025 Order No. I.A. NO.656 of 2025

3. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the appellant.

3. Considering the grounds taken, the order dt.20.02.2025 is hereby recalled by restoring MACA No.341 of 2023 to its file.

4. The I.A stands disposed of.

(Biraja Prasanna Satapathy) Judge

4. 1. Heard learned counsel appearing for the parties.

2. This appeal has been filed by the Appellant-Company challenging the judgment dt.17.12.2022 so passed by the learned 2nd MACT, Northern Division, Sambalpur in MAC // 2 //

Case No.95 of 2013. Vide the said Judgment, the Tribunal allowed compensation to the tune of Rs.10,000/- along with interest @6% per annum payable from the date of filing of the claim application till its realization.

3. Learned counsel appearing for the appellant contended that the appellant being a gratuitous passenger, the appellant-company could not have saddled with the liability.

4. Learned counsel appearing for the claimants- respondents on the other hand contended that even if it is to be taken that the deceased was a gratuitous passenger, but the liability can be saddled on the appellant with right of recovery as against the owner-respondent. It is also contended that the award amount is a poultry sum, the appeal is not maintainable.

5. Having heard learned counsel for the parties and considering the submission made, this Court finds that the Tribunal only allowed compensation amount of Rs.10,000/- along with interest @6% per annum.

5.1. Considering the grounds taken and the award amount involved, this Court is not inclined to entertain the appeal and dismiss the same.

(Biraja Prasanna Satapathy) Judge

sangita

Reason: authentication of order Location: high court of orissa, cuttack Date: 17-Apr-2025 17:38:37