Divisional Manager vs Sumati Pradhan &
2025 Latest Caselaw 6402 Ori

Orissa High Court

Divisional Manager vs Sumati Pradhan & on 30 June, 2025

Author: V. Narasingh

Bench: V. Narasingh

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        MACA No.196 of 2018

         Divisional Manager
         United India
         Insurance Company
         Ltd.                       ....          Appellant
                                 Mr. S. Satpathy, Advocate
                              -versus-

         Sumati Pradhan &           ....       Respondents
         others

                               Mr. D.K. Mohanty, Advocate
                                  Mr. D. Patnaik, Advocate

                          CORAM: JUSTICE V. NARASINGH

                             ORDER

Order                      30.06.2025
No.
  15.   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

PKS the Insurance Company, referring to the judgment of 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. Learned counsel for the Claimants- Respondents is requested to serve a copy of the cross-objection on the learned counsel for the parties in the meanwhile.

(V. NARASINGH) Judge

Signed by: PRADEEP KUMAR SWAIN

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

PKS