Manduli Munda And Others vs Hrushikesh Sahoo And Another
2025 Latest Caselaw 2084 Ori

Orissa High Court

Manduli Munda And Others vs Hrushikesh Sahoo And Another on 3 January, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Reason: Authentication
Location: OHC, Cuttack
Date: 07-Jan-2025 13:32:08


                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                         MACA No.349 of 2009
                      Manduli Munda and Others                     ....         Appellants
                                                                Mr. S. Mohanty, Advocate
                                                     -versus-
                      Hrushikesh Sahoo and Another                 ....       Respondents
                                      Mr. P.K. Mahali, counsel for Respondent No.2
                                 CORAM:
                                 SHRI JUSTICE B. P. ROUTRAY
                                               ORDER

3.1.2025 Order No.

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

2. Heard Mr. S. Mohanty, learned counsel for the claimant - Appellants and Mr. P.K. Mahali, learned counsel for insurer - Respondent No.2.

3. Present appeal by the claimants - Appellants is directed against the impugned judgment dated 4th March, 2009 of learned 1st MACT, Keonjhar passed in MAC Case No.455 of 2000, wherein compensation to the tune of Rs.1,40,120/- along with interest @ 9% per annum from the date of filing of the claim application has been granted on account of death of deceased Nandu Munda in the motor vehicular accident dated 7th September, 2000.

4. The claimants pray to saddle the liability on the insurer on the ground that the deceased was travelling in the offending vehicle as a labourer at the time of accident.

5. As seen from the record, the wife of the deceased examined herself as only witness and relies on the copies of police papers only.

According to her own admission the deceased was travelling along with 20 to 25 other villagers in the offending vehicle, which is a goods carriage truck, at the time of accident to purchase articles from the weekly market. Therefore, such contention of the claimant to claim the deceased as a labourer of the vehicle is found contrary to her own admission. As such the tribunal has rightly held the deceased as a gratuitous passenger refusing to shift the liability on the insurer.

6. In the result the appeal is dismissed being without merit.

( B.P. Routray) Judge M.K.Panda