Remanded

Kanchanabala Das v. Sujrendra Ku.Samal

Orissa HC11 Nov 2022MACA/845/2019

Case brief

AI extract

What is this about?

The High Court disposed of an appeal by remanding the matter to the Motor Accident Claims Tribunal. The Court directed the Tribunal to grant the claimant an opportunity to adduce evidence and decide the claim afresh within six months, exercising its power under Section 151 CPC.

What did the court decide?

Matter remanded to the Tribunal with direction to grant opportunity to adduce evidence and decide afresh within six months.

Kanchanabala Das Vs Sujrendra Ku.Samal — Motor Accident Claims | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MACA No.845 of 2019

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Kanchanbala Das

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…. Appellant

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Mr.K.C.Nayak, Advocate

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-versus-

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Surendra Kumar Samal and another …. Respondents Mr.B.Dasmohapatra, Advocate for Respondent No.2

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CORAM:

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JUSTICE B. P. ROUTRAY

ORDER 11.11.2022

Order No.

The matter is taken up through Hybrid mode.

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Heard Mr.Nayak, learned counsel for the ClaimantAppellant and Mr.Dasmohapatra, learned counsel for InsurerRespondent No.2.

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Present appeal by the Appellant is against the judgment dated 19^th June, 2019 of the Second Motor Accident Claims Tribunal, Cuttack, in Misc.Case No.228 of 1999, wherein the Tribunal has refused to grant any compensation for failure to adduce evidence.

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Mr.Nayak submits that the claimant-Appellant is a poor lady who sustained injury in motor vehicular accident and thus, she should be granted one more opportunity to adduce her evidence.

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Upon hearing Mr. Dasmohapatra, learned counsel for the Insurer and perusal of the impugned judgment, it reveals that the Insurer has filed their written statement. After framing of

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Page 1 of 2

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issues, as the injured failed to adduce her evidence, the Tribunal has refused to grant any compensation.

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Considering the fact that the claimant is a woman and she was injured in the alleged motor accident, it is felt appropriate to remand the matter back to the Tribunal for fresh adjudication. Accordingly, the appeal is disposed of by remanding back the matter to the learned Tribunal with a direction to decide the claim application afresh after granting opportunity to all the parties to adduce their evidence, if any. Both parties present before this Court are directed to appear before learned Tribunal on 28^th November, 2022 along with certified copy of this order and the Tribunal shall do well to dispose of the claim application in accordance with law within a period of six months thereafter. 7. It is further observed that the Insurer is at liberty to pray for exemption of interest component for the period of pendency of the present appeal before this Court.

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Urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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C.R.Biswal

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Kanchanabala Das v. Sujrendra Ku.Samal

Case brief

What is this about?

What did the court decide?

Kanchanabala Das v. Sujrendra Ku.Samal

Case brief

What is this about?

What did the court decide?

What the court decided

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