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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
State Of Odisha – Appellant
Versus
Lopinti Menaka – Respondent
JUDGMENT :
G. Satapathy, J.
1. The State of Odisha is in an appeal U/S.173(1) of the Motor Vehicles Act (in short, “the Act”) against the impugned judgment dated 24.03.2023 passed by the learned 1st Motor Accident Claims Tribunal, Gajapati, Paralakhemundi (hereinafter referred to as the “Tribunal”) in MAC Case No.03 of 2021 directing the State to pay a sum of Rs.31,92,000/- to the Respondent Nos.1 to 4-cum- claimants in MAC No.03 of 2021 for the death of their sole bread earner Lopinti Rama Rao (hereinafter referred to as “the deceased”) in a motor vehicular accident.
2. Bereft of unnecessary details, the present appeal arises out of MAC No.03 of 2021 filed by the claimants-(R1 to 4) for compensation towards death of the deceased in an accident which took place on 30.11.2018 when the Truck bearing Regd. No.AP-07- TT-3299 (in short, “the Truck”) belonging to the deceased under requisition of rent of the Gajapati District Administration to provide relief to the people affected with cyclone „Titili‟ being driven by one A. Narayan Rao was carrying 2997 numbers of black colour blankets together with the deceased and one Government official namely Malay Kumar Tripathy from Paralakhemundi to
The court established that the State, being in active control of a requisitioned vehicle at the time of an accident, is deemed the owner liable for compensation, despite the registered owner being di....
Motor Accident - Compensation - Accident took place because of his own rash and negligent driving of deceased person and being victim of his own action of rash and negligent driving his relative cann....
The insurance company remains liable for compensation regardless of vehicle ownership transfer, as long as the vehicle was insured and no policy violations occurred.
A borrower of a vehicle steps into the shoes of the owner, disqualifying their legal heirs from claiming compensation against the insurance company.
When accident occurs due to own fault and negligence Insurance Company would not be liable to pay any compensation.
Insurers are obligated to compensate occupants of an insured vehicle under the Motor Vehicles Act, even if those occupants are legal heirs of the driver, affirming their status as third parties.
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