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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
New India Assurance Co. Ltd. – Appellant
Versus
Nirupama Bag – Respondent
| Table of Content |
|---|
| 1. insurer's appeal against compensation decision. (Para 1 , 2) |
| 2. fixed liability based on vehicle involvement. (Para 3 , 4) |
| 3. negligence not required under section 163-a. (Para 5) |
| 4. confirmation of tribunal's findings. (Para 6) |
| 5. dismissal of appeal; order to pay compensation. (Para 7 , 8) |
JUDGMENT :
1. Present appeal by the Insurer is directed against the judgment dated 1st August, 2022 of the Member, Second Motor Accident Claims Tribunal (Northern Division), Sambalpur, in M.A.C.No.64 of 2018 (Sambalpur), wherein compensation to the tune of Rs.5,00,000/- has been granted along with interest @ 6% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident on 28th January, 2018.
3. The claim application was filed under Section 163 -A of the M.V.Act. As per the findings of the Tribunal, motorcycle bearing Registration No.TN-02-BC-8078 was used in the accident and accordingly its owner as well as the Insurer were held liable to pay the compensation amount.
5. It is well settled that in a claim preferred under Section 163 -A of the M.V.Act, the proof of negligence is immaterial. To maintain the
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