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IN THE HIGH COURT OF ORISSA AT CUTTACK
V. NARASINGH
National Insurance Co. Ltd – Appellant
Versus
Soyam Prava Sarangi – Respondent
JUDGMENT :
V. Narasingh, J.
1. Heard Mr. Das, learned senior counsel for the Appellant-Insurance Company and Mr. Mishra learned counsel for the Respondent Nos.1 to 3.
2. The Appellant- Insurance Company has filed this appeal challenging the impugned award dated 14.02.2013 passed by the learned 4th M.A.C.T, Puri in M.A.C No.120/59 of 2010 awarding compensation of Rs. 15,37,600/- along with 7% interest from the date of filing of the application, i.e.,10.03.2010 till the date of payment.
3. The brief facts of the Claimants are that on 09.01.2010 while the deceased Balunkeswar Sarangi was returning to his village from Pipili by riding a bicycle on the extreme left side of the road, at about 8 P.M near Telephone Exchange, Pipli on Puri- Bhubaneswar public road, the bus bearing registration No. OR-13-A-1011 coming from behind the deceased, due to high speed being driven in a rash and negligent manner the driver could not control the vehicle as a result of which the bus dashed against the bicycle of the deceased and the deceased sustained severe injuries. Thereafter he was shifted to the hospital. While he was undergoing treatment he succumbed to the said injuries on 30.01.2010. As such, clai
An insurance policy remains valid for liability irrespective of ownership transfer if renewed properly.
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Motor accident - Quantum of compensation - Appeal - It must necessarily follow that even major married and earning sons of deceased being legal representatives have a right to apply for compensation
The insurer is liable for compensation despite claims of negligence by the deceased, as the negligence of the bus driver was established.
In accident cases, liability should reflect the respective negligence of parties, with proper income assessment inclusive of future prospects and non-pecuniary damages being essential for fair compen....
The main legal point established in the judgment is the liability of the Insurance Company to pay just compensation to the claimants under the Motor Vehicle Act.
The court established that the insurance company is liable under the doctrine of pay and recovery, enhancing compensation based on proper income assessment and applicable legal principles.
The court established the principle of pay and recover, holding the insurance company liable to pay first and then recover from the insured.
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