The New India vs Bhuban Das & Another
2025 Latest Caselaw 6405 Ori

Orissa High Court

The New India vs Bhuban Das & Another on 30 June, 2025

Author: V. Narasingh

Bench: V. Narasingh

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MACA No.787 of 2007

         The New India
         Assurance Co. Ltd.          ....          Appellant

                                   Mr. G.P. Dutta, Advocate
                               -versus-

         Bhuban Das & another        ....       Respondents
                                   Mr. B.B. Singh, Advocate

                           CORAM: JUSTICE V. NARASINGH

                              ORDER

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

Insurance Company, Mr. Dutta that the matter relating to liability of the Insurance Company in Act Only Policy has been referred to 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. Learned counsel for the Respondents submits that this matter can be adjudicated independently without awaiting the pronouncement of the Apex Court as stated by Mr. Dutta, learned counsel for the Insurance Company, referring to the judgment of the Apex Court in the case of United India Insurance

PKS 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 connected matters on 13.08.2025 and in the event the issue 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 this case, notwithstanding the matter pending before the Apex Court, as referred to hereinabove.

4. List these matters 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