Remanded

Karunakar Acharya v. General Traders

Orissa HC20 Sept 2019MACA/680/2003

Case brief

AI extract

What is this about?

The court set aside the award and remanded the motor accident compensation case to the Tribunal for fresh adjudication. The claimant was allowed to amend the petition to implead the correct insurer and file additional evidence, with the prior payment being set off against the future award.

What did the court decide?

Order set aside; matter remanded to Tribunal for fresh adjudication with direction to allow amendment of claim petition and file of additional evidence.

Karunakar Acharya Vs General Traders — Motor Accident Claims | Orissa HC (2019)

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MACA NO.680 of 2003

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MACA NO.680 of 2003

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W.P.(C) NO.18481 OF 2009

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20.09.2019 Heard Mr.Srinibash Mohanty, learned counsel for the claimant, Mr.M.Sinha, learned counsel Natinal Insurance Company Ltd., Mr.Niranjan Lenka, learned counsel for owner of the offending vehicle, Tanker bearing registration No.ORJ9545 (petitioner in the connected writ petition) and Mr.B.Dasmohapatra, learned counsel for United India Insurance Co. Ltd.

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Since both the appeal as well as the writ petition arise out of the same cause of action, i.e., one accident, these are taken up together on the consent of learned counsel for the parties.

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In MACA No.680 of 2003, the claimant-appellant has prayed for enhancement of the compensation. W.P.(C) No.18481 of 2009 has been filed by the owner of the Tanker stating that although his Tanker bearing Registration No. ORJ-9545 was validly insured with the United India Insurance Company Limited, but inadvertently, the Claimant in its claim petition has impleaded New India Assurance Company as a party to the claim petition. Hence, the petitioner in the writ petition prays for a direction to remit the matter to the Tribunal directing impletion of the United India Insurance Co. Ltd. as a party to the claim petition and hear the same afresh.

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Mr.Mohanty, learned counsel for the claimant submits that although the claimant lost his right leg from below the thigh and it was amputated, learned Tribunal has

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only awarded Rs.2.00 lakh towards the compensation, which is not adequate. Further, the Tribunal awarded interest at the rate 9% PA only from the date of the judgment, which is not proper. It should have been allowed from the date of filing of the claim.

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Mr.Mohanty, further submits that there are documents to show that the claimant is entitled to higher compensation, but he could not file the same due to inadvertence. If another opportunity is given, the document in his possession can be filed and the claimant may get adequate compensation.

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Mr.Sinha, learned counsel for the National Insurance Company Limited submitted that the liability saddled on the Company has already been satisfied. For the lapses of the parties, the matter should not be remitted back to patch up the lacunae.

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Taking into consideration the rival contentions of the parties, and the object and intention of the Motor Vehicles Act, which is enacted to award just compensation to the victims of vehicular accidents, and more particularly when the insurer of the offending Tanker was not made party to the claim case, this Court feels it proper to set aside the impugned award and remit the matter back to learned Tribunal for fresh adjudication affording reasonable opportunity to the claimant to amend his claim petition by impleading ‘United India Insurance Co. Ltd.’ as a party to the case in place of ‘New India Insurance Co. Lt.’ Further, the claimant is also allowed to adduce further evidence in support of his case. In the event, the claimant files an application for

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amendment of the claim petition, within a period of two weeks from the date of his appearance along with certified copy of the order, learned Tribunal shall act upon the same and proceed accordingly by deleting the name of ‘New India Assurance Company Ltd.’ from the cause title of the claim petition and impleading ‘United India Insurance Co. Ltd.’ to the case.

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Notice shall be issued to the newly impleaded party as well as the owner of the offending vehicle. Thereafter, learned Tribunal shall proceed further to adjudicate the matter afresh giving opportunity to the newly added party to file its written statement. It is further directed that the parties shall be given opportunity to adduce further evidence in the matter.

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It is made clear that the amount paid by the National Insurance Company to the claimant shall be set off from the amount to be awarded afresh. To avoid delay in the matter, parties are directed appear before the Tribunal on 21.10.2019 to receive further instructions in the matter.

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With the aforesaid observation and direction, the appeal as well as the writ petition stand disposed of. LCR be sent back forthwith.

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Issue urgent certified copy of the order on proper application.

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Karunakar Acharya v. General Traders

Case brief

What is this about?

What did the court decide?

Karunakar Acharya v. General Traders

Case brief

What is this about?

What did the court decide?

What the court decided

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