Tapan Kumar Bishoyi vs The Manager (Claims)
2025 Latest Caselaw 4602 Ori

Orissa High Court

Tapan Kumar Bishoyi vs The Manager (Claims) on 4 March, 2025

Bench: Arindam Sinha, M.S. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.A. No.1415 of 2024

            Tapan Kumar Bishoyi                      ....              Appellant
                                                        Represented by Adv.-
                                               Mr. Debasish Patnaik, Advocate
                                       -Versus-
            The Manager (Claims), Chola MS           ....           Respondents
            General Insurance Co. Ltd. and
            Others


                                 CORAM:
                  THE HON'BLE MR. JUSTICE ARINDAM SINHA,
                          ACTING CHIEF JUSTICE
                                   AND
                    THE HON'BLE MR. JUSTICE M.S. SAHOO

                                         ORDER

Order No. 04.03.2025 W.A.no.1415 of 2024 and I.A. no.3672 of 2024

01. 1. Mr. Patnaik, learned advocate appears on behalf of

applicant-appellants and submits, his client is aggrieved by

judgment dated 28th March, 2024. His client is insured owner of

the goods vehicle. It met with an accident. The claim was rejected

by respondent insurance company on allegation that the driver did

not have endorsement on his licence, to drive a heavy goods

vehicle (HGV). He submits, unladen weight of the vehicle brings it

within category of light motor vehicle (LMV). The appeal was

presented on reported delay of 14 days. Application has been made

for condonation. He submits the appeal be admitted.

2. Issue notice along with this order on the appeal and the

application. Accept one set of process fee for service by

registered/speed post with A.D. on respondents. Appellants will

put in requisites.

3. List on 28th March, 2025.

( Arindam Sinha ) Acting Chief Justice

( M.S. Sahoo ) Judge

SK Jena/Secy.