Kamali Behera v. Prasanna Ku.Jena
Case brief
What is this about?
MACA No.413 of 2016, High Court of Orissa, Justice B.P. Routray, order dated 08.08.2024. Claimants' appeal against Cuttack MACT award of Rs.3,33,000/- with 7% interest (M.A.C. Case No.408 of 2011; accident 10.12.2008; tribunal judgment 17.12.2015) dismissed. Appeal abated against Respondent No.1 (owner-driver Prasanna Kumar Jena side) who died during pendency with no substitution prayed for; dismissed against Respondent No.2. Key point: no independent liability on Insurer where driver is the owner and admittedly without a driving licence. Useful for: abatement of appeal on death of a party without substitution; insurer liability where owner-driver unlicensed.
What did the court decide?
The appeal is abated against Respondent No.1 (who died during pendency without substitution) and consequently dismissed against Respondent No.2. ¶5