Dismissed

N.I.a.Co- v. Manoranjan

Orissa HC5 Sept 2019MA/1047/1999

Case brief

AI extract

What is this about?

This miscellaneous appeal against a Motor Accident Claims Tribunal judgment was disposed of as the appellant's pleas regarding invalid driving license and insurance were not taken during the trial. The court upheld the Tribunal's findings and directed the appellant to deposit the awarded amount.

What did the court decide?

The appeal is dismissed; the appellant is directed to deposit the awarded amount with interest.

N.I.a.Co- Vs Manoranjan — Insurance | Orissa HC (2019)

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MA No. 1047 of 1999

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05.09.2019 Heard learned counsel for the parties.

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This Miscellaneous Appeal is directed against judgment dated 31.03.1998 passed by learned II MACT (SD), Berhampur in M.J.C.No.119 of 1994 awarding a compensation of Rs.40,000/- with 9% interest per annum to the predecessors of respondent Nos. 1 to 6, namely, Manoranjan Patnaik, who was injured in the accident in question.

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Learned counsel for the appellant vehemently argued that the driver of the offending vehicle had no valid driving licence and the offending vehicle was not covered under a valid insurance policy on the date of the accident.

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On perusal of the impugned judgment, it appears that no such specific plea was taken by the appellant before learned Tribunal. However, learned Tribunal, while answering Issue No.2, has taken into consideration the seizure list (Ext.7), which disclosed that the driver of the offending vehicle had a valid driving licence on the date of the accident. No plea was taken by the Insurance Company before the learned Tribunal to the effect that the offending vehicle was not covered under a valid insurance policy on the date of the accident. Thus, accepting the contention of the injured applicant, learned Tribunal

settled the issue.

In that view of the matter, I am in complete agreement with the view taken by learned Tribunal. Accordingly, the appeal does not merit any consideration and the same stands disposed of with direction to the appellant-Insurance Company to deposit the entire awarded amount along with interest before the learned Tribunal within a period of eight weeks hence, which shall be released in favour of the respondents 1 to 6 in terms of the impugned award. On furnishing the proof to the effect that the awarded amount along with interest is deposited before the learned Tribunal, statutory deposit along with interest accrued thereon shall be released in favour of the Insurance Company on proper acknowledgement.

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Issue urgent certified copy of the order on proper application.

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..………………………

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K.R. Mohapatra, J.

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N.I.a.Co- v. Manoranjan

Case brief

What is this about?

What did the court decide?

N.I.a.Co- v. Manoranjan

Case brief

What is this about?

What did the court decide?

What the court decided

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