Branch Manager vs Bihari Bag
2025 Latest Caselaw 399 Ori

Orissa High Court

Branch Manager vs Bihari Bag on 9 May, 2025

Author: V. Narasingh

Bench: V. Narasingh

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                              MACA No.755 of 2009

            In the matter of an application under Section 173(1) of the
            Motor Vehicles Act, 1988.

           Branch Manager,
           The New India
           Assurance Co. Ltd.               ....         Appellant


                                   -versus-

           1. Bihari Bag
           2. Tumraj Pradhan                ....      Respondents

For Appellant : Mr. N.S. Ghose, Advocate

For Respondent : Mr. P.K. Nayak, Advocate

CORAM: JUSTICE V. NARASINGH

Date of hearing and Judgment : 09.05.2025

V. Narasingh, J. The present MACA has been filed assailing the

award dated 17.02.2009 passed by the learned 1st M.A.C.T., Sambalpur in MAC No.200 of 2006 directing the Appellant-Insurance Company to pay a compensation of Rs.40,000/- with interest at the rate of 6% from the date of filing of the claim application i.e. 07.12.2006 to the Respondent No.1- Claimant-Bihari Bag.

2. It is the case of the Claimant (Respondent No.1 herein) that while he was going as a labourer in the offending tractor and trolley bearing registration number OR-17-C-2815 and OR-17-C- 2816 with metals, the same met with an accident near Dangaghat due to rash and negligent driving of the driver of the offending vehicle, as a result of which the tractor capsized and he sustained injuries. He was immediately shifted to S.D. Hospital, Padampur and thereafter to V.S.S. Medical Collector and Hospital, Burla. Despite prolonged treatment he suffered disability of a permanent nature.

In response to the notice the present Appellant Insurance Company appeared before the learned Tribunal and resisted the claim. The owner was set ex parte. On the pleadings of the parties, the following issues were framed:

"1. Whether the accident occurred due to rash and/or negligent driving by the driver of Tractor bearing Registration No.OR-17-C- 2815 attached with Trailer bearing Registration No.OR-17-C-2816, which took place on 6.2.2005?

2. Whether the Petitioner was injured due to accident involving the above alleged vehicle?

3. Whether the Petitioner is entitled to compensation and, if so, to what extent and from which of the Opposite Parties?

4. Whether the claim petition is maintainable? "

Injured Claimant examined himself as P.W.2 and documents were marked as Exts.1 to 11. Neither oral nor documentary evidence was adduced on behalf of the Insurance Company.

On an analysis of the evidence on record, learned Tribunal awarded a compensation of Rs.40,000/- with interest at the rate of 6% from the date of filing of the claim petition i.e. 07.12.2006.

3. Mr. Ghose, learned counsel for the Appellant-Insurance Company urged with vehemence that the injured Claimant was a gratuitous passenger in the tractor and trolley bearing registration number OR-17-C-2815 and OR- 17-C-2816. Hence, the Insurance Company cannot be saddled with liability.

4. Mr. Nayak, learned counsel for the Respondent No.1-Claimant, supported the impugned award and submitted that since there is no illegality or infirmity in the impugned award, the Appeal is liable to be dismissed. In support of his submission he relied on the decision of this Court in the case of Krushna Rakasa & another vrs. Sarat

Chandra Panigrhai & another (MACA No.954 of 2009 disposed of on 20.09.2011).

5. It is apt to note here that by common judgment/award dated 17.02.2009, MAC Case No.199 of 2006 relating to Claimant Premananda Bariha as well as the Claimant-Bihari Bag, in the case at hand (who had filed MAC Case No.200 of 2006) was disposed of.

6. The Insurance Company challenging the said award, which is also the subject-matter of consideration in this MACA had approached this Court in MACA No.754 of 2009. By order dated 11.07.2023 this Court confirmed the award passed by the learned Tribunal and dismissed the appeal filed by the Insurance Company. The same had attained finality as stated at the Bar.

7. On perusal of the record, it is seen that no evidence has been adduced from the side of the Insurance Company and it is the case of the Claimant that he was traveling in the offending tractor and trolley as a labourer at the time of accident. Evidence of P.Ws.1 and 2 in this regard withstood scrutiny of cross-examination. As such the contentions of the learned counsel for the Insurance Company are liable to be rejected.

8. In view of the above, this Court is persuaded to hold that there is no illegality or arbitrariness in the adjudication of the claim application culminating in award of Rs.40,000/- for the injuries suffered along with interest of 6% as awarded.

The MACA being devoid of merit stands dismissed.

9. The awarded amount shall be deposited by the Appellant-Insurance Company before the learned 1st M.A.C.T., Sambalpur, within a period of eight weeks from the date of receipt/production of this order.

Within six weeks of production of proof regarding deposit of the modified amount before the Tribunal, the statutory deposit along with accrued interest be refunded to the Appellant on proper application.

10. UCC as per rules.

                                                                 (V. NARASINGH)
                                                                      Judge






Signed by: PRADEEP KUMAR  Orissa
                               SWAIN High Court, Cuttack
Reason: Authentication                    th
                          Dated

Location: Orissa High Court, Cuttack the 9 May, 2025/Pradeep Date: 22-May-2025 12:09:23