Appeal by insurer against MACT award granting compensation for death in motor accident. Court rejected argument that Jeep driver was not negligent, dismissed appeal, and ordered deposit of insurer's share of compensation with interest to tribunal.
Appeal dismissed; direction to deposit 50% share of compensation and interest to the tribunal within two months.
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.34 of 2008
Branch Manager, The Oriental Insurance Company Ltd.
…. Appellant
Mr. G.P. Dutta, Advocate
-versus-
Smt. Sailabala Pradhan and Others
…. Respondents
Mr. S.K. Samal, counsel for Respondent No.1 Mr. A.A. Khan, counsel for Respondent No.9
CORAM: SHRI JUSTICE B. P. ROUTRAY
ORDER
4.7.2023
Order No.
to share the compensation amount on 50:50 ratio by the Appellant and the Respondent No.9, i.e. New India Assurance Co. Ltd.
Page 2 of 3
from today; where-after the same shall be disbursed in favour of the claimant – Respondents 1 to 6 on same terms and proportion as contained in the impugned judgment.
M.K.Panda
( B.P. Routray)
Judge
Signature Not Verified
Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Senior Steno Reason: Authentication Location: OHC, Cuttack Date: 05-Jul-2023 17:34:34
Page 3 of 3
1 issue framed by the court
Whether the tribunal erred in attributing 50% negligence to the driver of the Jeep based on the MVI report and front collision.
Branch Manager, The Oriental Insurance Company Ltd.
Smt. Sailabala Pradhan
New India Assurance Co. Ltd.
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
