Disposed

U.I.I.Co.Ltd v. Sushama Patjoshi

Orissa HC10 Feb 2023MACA/605/2007

Case brief

AI extract

What is this about?

Appeal by insurer against Motor Accidents Claims Tribunal award for death in motor vehicle accident dismissed. Court rejected insurer's plea of no negligence due to alleged parking condition, noting failure to dispute police finding of negligent parking. Direction to deposit compensation reversed.

What did the court decide?

Directed to deposit entire compensation amount with interest before the Tribunal within two months for disbursement to claimants.

U.I.I.Co.Ltd Vs Sushama Patjoshi — Insurance | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.605 of 2007

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United India Insurance Co. Ltd.

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…. Appellant Mr. S.K. Mohanty, Advocate

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-versus-

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…. Susama Patjoshi and others Respondents

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

10.02.2023

Order No.

Heard Mr. S.K. Mohanty, learned counsel for the AppellantInsurance Company. No one entered appearance for the claimants-Respondents despite valid service of notice.

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It is submitted by Mr. Mohanty that the claimant-Respondent No.4, who died in the meantime need not be substituted further since all other LRs are already present on record. As such, the name of Respondent No.4 is deleted.

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Present appeal by the insurer is directed against judgment dated 18.05.2007 of learned 2^nd M.A.C.T., Northern Division, Sambalpur in Misc.(A) Case No.59 of 2001(S), wherein compensation to the tune of Rs.6,89,136/- has been granted along with interest @6% per annum to the claimants from the date of filing of the claim application, i.e. 17.3.2001 on account of death of the deceased in the motor vehicular accident dated 13.10.2000.

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Page 1 of 3

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Mr. S.K. Mohanty, learned counsel for the Appellant-insurer submits that the driver of the offending Truck bearing Registration No.MP-23-DA-0386 was not negligent for the cause of accident since the same was in parking condition at the time of accident.

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Upon perusal of the impugned judgment, it reveals that the accident took place during the night time due to wrong and negligent parking of the offending Truck on road. Accordingly, the Police upon completion of investigation has submitted the charge-sheet against the accuser-driver of the offending Truck. The insurer has never disputed the findings of the Police investigation report nor it adduced any evidence to rebut the contentions of P.W.1 with regard to negligence on the part of the driver of the offending vehicle. As such, no merit is seen in the contention of the insurer.

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In the result, the appeal is dismissed and the Insurance Company is directed to deposit the entire compensation amount before the Tribunal along with interest within a period of two months from today; where-after the same shall be disbursed in favour of the claimants-Respondent Nos.1, 2, 3 and 5 on such terms and proportion to be fixed by the Tribunal.

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However, it is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the Insurance Company.

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Page 2 of 3

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On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the AppellantInsurance Company.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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B.K. Barik

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Page 3 of 3

U.I.I.Co.Ltd v. Sushama Patjoshi

Case brief

What is this about?

What did the court decide?

U.I.I.Co.Ltd v. Sushama Patjoshi

Case brief

What is this about?

What did the court decide?

What the court decided

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