This single judge Bench dismissed the appeal filed against an order of the Motor Accident Claims Tribunal exempting the insurance company from liability. The court affirmed the Tribunal's finding that no valid cover note existed on the date of the accident.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.829 of 2017
…. Rahil Bhengra and others Appellants Mr.P.K.Nayak, Advocate
-versus-
Soumya Narayan Mohanty and another …. Respondents Mr.S.Satpathy, Advocate for Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER 16.11.2022
Order No.
Page 1 of 3
Page 2 of 2
the finding arrived by the Tribunal upon analysis of Exts.A, B & C along with Ext.7 that no such cover note was issued in favour of the offending vehicle on 13th January, 2010 cannot be faulted with. Moreover, the offending vehicle was insured with effect from 25th January, 2010 vide copy of the policy under Ext.C. Therefore, the submission of the claimants to saddle the liability on the Insurance Company is not substantiated and as such, the same is rejected.
C.R.Biswal
( B.P. Routray)
Judge
Page 3 of 3
1 issue framed by the court
Whether the appellant is entitled to compensation paying the insurance company.
Rahil Bhengra and others
Soumya Narayan Mohanty and another
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
