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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Manager, Legal, The Oriental Insurance Co. Ltd. – Appellant
Versus
Arati Kumari Tripathy – Respondent
JUDGMENT :
G. Satapathy, J.
1. This appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”) by the insurance company (in short, “the insurer”) challenges the impugned judgment dated 20.08.2025 passed by the learned 1st Motor Accident Claims Tribunal, Jajpur (hereinafter referred to as “the Tribunal”) in MAC Case No.77 of 2024 directing the insurer to pay a sum of Rs.61,51,016/- together with simple interest @ 6% per annum w.e.f. 20.06.2024 till its actual realization to the claimants-R-1 to 4 for the death of their predecessor in interest Narayan Rath (hereinafter referred to as “the deceased”) in a Motor vehicular accident.
2. Bereft of unnecessary details, the present appeal arises out of an accident that took place on 26.03.2024 at about 10 PM, when the deceased while being travelling from Jeypore to Berhampur as a passenger in a bus named as “Khambeswari” bearing Regd. No.OD- 07-Y-9181 (hereinafter referred to as “the offending bus”) being driven rash and negligently by its driver capsized near Podagada Panchabati, Koraput resulting in death of the deceased at the spot, but the deceased was aged about 49 years and he was working as an Auto driver. This accident was
The court upheld the insurer's liability for compensation in a fatal accident despite challenges to the driver's license and policy conditions, recalibrating the compensation amount based on income a....
Driver with light motor vehicle licence competent to drive transport light motor vehicle if gross/unladen weight ≤7500 kg; no insurance policy breach. Compensation upheld using multiplier 15, 1/4th p....
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....
Accident - Driving license - Validity of - Onus would shift on the insurance company only after owner of the offending vehicle pleads and proves the basic facts within his knowledge that the driver o....
Insurance companies remain liable for compensation to third parties despite the driver's invalid license unless there is a fundamental breach of terms.
The calculation of compensation in fatal accident claims must consider notional income and apply established multipliers, ensuring just compensation for loss of dependency along with general damages.
The insurer is liable for compensation despite claims of negligence by the deceased, as the negligence of the bus driver was established.
Insurer found liable for compensation as deceased was confirmed as a helper, and the driver held a valid license during pandemic lockdown extensions.
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