Branch Manager vs Dolsai @ Dhansai
2025 Latest Caselaw 11261 Ori

Orissa High Court

Branch Manager vs Dolsai @ Dhansai on 16 December, 2025

Author: V. Narasingh

Bench: V. Narasingh

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MACA No.176 of 2012

        Branch Manager, M/s                   ....               Appellant
        Bajaj Allianz General
        Insurance Co. Ltd., 1
        Janapath, 3rd Floor, 2C,
        Janapath, Sriya Square,
        Kharavel Nagar, Unit-
        III, Bhubaneswar
                                              Mr. G.P. Dutta, Advocate


                                      -versus-

        1. Dolsai @ Dhansai                   ....            Respondents
        Pujari
        2. Sabita Pattnaik

                                                  Mr. T. Mishra, Advocate



                             CORAM: JUSTICE V. NARASINGH
                                           ORDER

16.12.2025 Order No.

21. 1. Heard learned counsel for the Appellant and learned counsel for the Respondent.

2. During the course of hearing learned counsel for the Insurance Company, Mr. Dutta, relied on the judgment of the Apex Court in the Case of Oriental Insurance Co. Ltd. Vrs. Brij Mohan and others, reported in 2007 AIR SCW 3734, to fortify his submission since the trolley was admittedly not insured, the Insurance Company is not liable to indemnify.

3. He also relied on the order of the Apex Court in the case of Uttar Pradesh Road Transport

Corporation Vrs. Vibhor Fialok and another in Civil Appeal No(S). 1337-1338 of 2019 decided on 18.02.2025 with regard to the assessment of percentage of permanent disability.

4. Learned counsel for the Appellant relied on the judgment of the Apex Court in the case of Chandramani Nanda Vrs. Sarat Chandra Swain and another, reported in 2024 SCC Online SC 2859 to fortify his submission that even if in the absence of enhancement of compensation applying the doctrine of just compensation, this Court can enhance such quantum.

5. Learned counsel Mr. Dutta for insurance Company submits that recently the concurring view has been expressed by the Apex Court and seeks a short adjournment to place on record the said judgment.

6. List this matter on 18.12.2025 under the same serial for further hearing. The aforementioned judgments are taken on record.

(V. NARASINGH) Judge Soumya

Signed by: SOUMYA RANJAN SAMAL

Location: High Court of Orissa Date: 17-Dec-2025 14:04:29