The High Court of Orissa dismissed the insurer's appeal against an accident claim award. Rejecting the contention that the victim was a gratuitous passenger, the court held he was a labourer due to lack of evidence rebutting witness testimony. The appeal is dismissed.
Appeal dismissed; Appellant directed to deposit the compensation amount with interest.
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.
Signature Not Verified
Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Jul-2023 14:33:00
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.754 of 2009
…. Divisional Manager, The New India Appellant Assurance Co.Ltd.
Mr.N.S.Ghose, Advocate
-versus-
Premananda Bariha & Anr.
…. Respondents
CORAM:
JUSTICE B. P. ROUTRAY
ORDER 11.07.2023
Order No.
Page 1 of 2
Signature Not Verified
Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Jul-2023 14:33:00
Insurance Company is absolved of its liability to indemnify the compensation amount.
(B.P. Routray)
S.Das
Page 2 of 2
2 issues framed by the court
Whether the insurer is liable to indemnify the compensation granted for a motor vehicular accident caused to a gratuitous passenger.
Whether the lower court erred in holding the claimant was a labourer instead of a gratuitous passenger.
Divisional Manager, The New India Assurance Co.Ltd.
Premananda Bariha & Anr.
B. P. Routray
Sangram Das
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
