The High Court disposed of the present appeal by holding the insurer jointly liable to pay compensation despite the owner's alleged lack of knowledge regarding the driver'a fake licence, relying on settled law. The Tribunal was directed to deposit the full amount.
Directed Instant deposit of compensation; penal interest waived.
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.1117 of 2015
Geneswar Mukhi & Anr.
…. Appellants
Mr.P.K.Mishra, Advocate
-versus-
Siba Sankar Routray & Anr. …. Respondents Mr.G.P.Dutta, Advocate for the Respondent No.2
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.03.2023
Order No.
Page 1 of 2
owner and therefore, the Insurer should be held liable to pay the compensation amount.
6. Accordingly, Insurer – Respondent No.2 is held liable to pay the compensation amount in terms of the direction of the Tribnal. The appeal is accordingly disposed of with a direction to the Insurer-Respondent No.2 to deposit entire compensation amount along with interest within a period of two months from today, which shall be disbursed in favour of the Claimants by keeping 75% of the amount in fixed deposit for a period of six years in any Nationalized Bank. Learned Tribunal is at liberty to pass such further direction in this regard. H owever, penal interest @ 9% as directed by the Tribunal is waived.
( B.P. Routray) Judge
S.Das
Page 2 of 2
2 issues framed by the court
Whether the insurer can be absolved of liability if the owner was unaware of the driver's fake driving licence.
Whether to waive penal interest despite Tribunal direction.
Colour shows how this judgement treated each authority
National Insurance Co. Ltd. v. Swaran Singh & Ors.Explained¶20
National Insurance Co.Ltd.-vrs-Swaran Singh & Ors., (2004) 3 SCC 297 · Who else cites this
Nirmala Kothari vs United India Insurance Co. LtdExplained¶20
Nirmala Kothari vs United India Insurance Co.Ltd, (2020) 4 SCC 49 · Who else cites this
1 provisions across 1 enactments
Geneswar Mukhi & Anr.
Siba Sankar Routray & Anr.
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
