Sujata Sa And Others vs Jonny Jal Indorwali And Others
2025 Latest Caselaw 2098 Ori

Orissa High Court

Sujata Sa And Others vs Jonny Jal Indorwali And Others on 6 January, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 08-Jan-2025 17:55:04

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                MACA No.266 of 2005

                                Sujata Sa and others                     ....        Appellants
                                                                   Mr.D.K.Mohapatra, Advocate

                                                             -versus-

                                Jonny Jal Indorwali and others        ....       Respondents
                                                   Mr.N.B.Das, Advocate for Respondent No.4
                                                     Mr.S.Roy, Advocate for Respondent No.3


                                           CORAM:
                                           JUSTICE B. P. ROUTRAY

                                                         ORDER

06.01.2025 Order No.

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

2. Heard Mr.Mohapatra, learned counsel for the Appellant and Mr.Das, learned counsel for Respondent No.4 as well as Mr.Roy, learned counsel for Respondent No.3.

3. Present appeal by the claimants is directed against the judgment dated 25.9.2004 of the learned Additional District Judge-cum-MACT, Sambalpur in Misc.Case No.278/14 of 2000-2004, wherein the Tribunal has passed the 'nil award'.

4. It is seen from the impugned award that the Tribunal has concluded regarding absence of negligence only for the reason that the front axil of the offending trailor was broken in course of the running the vehicle, without getting to the reasons of negligence on the part of the owner of the vehicle further.

5. Upon hearing all the parties and considering the principles of res ipsa loquitur as well as taking note of the fact that the

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 08-Jan-2025 17:55:04

offending vehicle was validly insured with Respondent No.3 and the Mini Truck was validly insured with Respondent No.4, the matter is remanded back to the Tribunal for fresh adjudication.

6. All the parties present before this Court are directed to appear before the Tribunal on 27th January 2025 along with certified copy of this order and the Tribunal shall proceed with the matter afresh granting opportunity of hearing all the parties present before it.

7. Since present accident is relating to the year 2000, the Tribunal is directed to pass the award afresh within a period of three months from the date of receipt of copy of this order.

8. The appeal is disposed of accordingly. .

( B.P. Routray) Judge

C.R.Biswal