Divisional Manager vs Smruti Ranjan
2025 Latest Caselaw 6401 Ori

Orissa High Court

Divisional Manager vs Smruti Ranjan on 30 June, 2025

Author: V. Narasingh

Bench: V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        MACA No.729 of 2018

         Divisional Manager
         New India Assurance
         Company Ltd.               ....          Appellant
                            Mr. G.C. Samantaray, Advocate
                              -versus-

         Smruti Ranjan              ....       Respondents
         Mohapatra & others

                                  Mr. R.C. Sahoo, Advocate

                          CORAM: JUSTICE V. NARASINGH

                             ORDER

Order                      30.06.2025
No.
  08.   1.     It is submitted by the learned counsel for the

Insurance Company that the matter relating to liability of the Insurance Company in Act Only Policy has been referred to the Larger Bench by the Apex Court by order dated 25.08.2022 in Special Leave to Appeal (C) No(s).3433 of 2020 referring to the judgments of the Apex Court in the case of 2006 (4) SCC 404 and 2008 (7) SCC 428.

2. It is stated by the learned counsel for the Respondents that this matter can be adjudicated independently without awaiting the pronouncement of the Apex Court as stated by the learned counsel for the Insurance Company, referring to the judgment of

PKS the Apex Court in the case of United India Insurance Co. Ltd. vrs. K.M. Poonam and others, 2011 (3) TAC 376 (SC).

3. Considering the nature of lis, in fitness of things, list this matter along with MACA No.787 of 2007 on 13.08.2025 and in the event the matter has not been settled by the Apex Court in the meanwhile, this Court will consider the submission made by the leaned counsel for the Respondents that this Court can adjudicate the case notwithstanding the matter pending before the Apex Court as referred to hereinabove.

4. List this matter on the date fixed.

(V. NARASINGH) Judge

Signed by: PRADEEP KUMAR SWAIN

Location: Orissa High Court, Cuttack Date: 01-Jul-2025 13:53:27

PKS