IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.573 of 2007

In the matter of an application under Section 173 of the

Motor Vehicles Act, 1988.

Divisional Manager, New

India Assurance

Co. Ltd

…. Appellant

-versus-

1. Charingi Karkariya

(dead)

1(a). Subudhi Karkariya

1(b). Mohan Rao

Karkariya

2. Pitambara Pradhan

3. Branch Manager,

Oriental Insurance

Co. Ltd.

4. P. Subba Rao

(dead)

4(a). Smt. P. Sandhyarani

4(b). Smt. P. Sudharani

4(c). Smt. P. Usharani

4(d). Sri. P. Anil Kumar

….

Respondents

For Appellant : Mr. G.P. Dutta, Advocate For Respondents : Mr. N.K Sahu, Advocate

Mr. M. Sinha, Adv. (O.P. No.3)

CORAM: JUSTICE V. NARASINGH D ate of hearing & Judgment : 22.08.2025 V. Narasingh, J.

I.A. Nos. 2115 of 2025, 2116 of 2025 & 2117 of 2025

1. These applications are filed for substitution, setting side abatement and condonation of delay in filing the substitution petition.

2. Heard learned counsel for the parties.

3. Considering the recitals in the I.As, abatement is set aside, delay is condoned and substitution of deceased Respondent No.4 is allowed.

4. Consolidated cause title is taken on record.

5. The I.As. are accordingly disposed of.

MISC CASE No. 488 of 2008

1. This Misc Case has been filed for condonation of delay in filing the appeal.

2. Heard learned counsel for the parties.

3. Taking to account the submissions and considering the recitals in the Misc. Case, delay in filing the appeal is condoned.

4. Accordingly, the Misc. Case stands disposed of.

MACA No.573 of 2007

1. Heard learned counsel for the Appellant- Insurance Company and learned counsel for the Respondent-Claimants.

2. The Appellant-Insurance Company has filed this appeal challenging the impugned judgment dated 15.09.2006 passed by the learned 3^rd M.A.C.T, Rayagada in MJC No.139/1998 awarding compensation of Rs.28,522/- along with interest at the rate of 6% per annum from the date of filing of the application till the date of payment, failing which, it shall carry interest at the rate of 9% per annum from the date of the award.

3. The brief facts of the case of the Claimants is that on 26.08.1994 the deceased Sripati Karkariya was travelling along with his co-villagers in a Bus bearing registration number OR-10-4543 from their village to Bissam Cuttack. Near Chatikana Level Crossing, the alleged bus and the truck bearing registration No.ORG 7546 which was coming from the opposite direction collided with each other as a result of which the deceased and other passengers sustained grievous injuries. Thereafter, he was shifted to the hospital but unfortunately he succumbed to the said injuries at the hospital. Since the deceased was working as a labourer and earning Rs.1500/- per month, a claim application was filed claiming compensation of Rs.1,00,000/-.

4. Both the owners of the offending vehicle were set ex parte. Appellant-Insurance Company appeared and filed its written statement denying the assertions made in the claim petition.

On the pleadings of the parties, the following issues were framed:

“1. Whether the accident occurred due to rash and negligent driving of the driver of the offending vehicles ?

2. Whether the Petitioners are entitled to get the compensation and if so, to what extent and from whom ?

3. What relief ?”

In order to substantiate the claim, Claimant-

Petitioner No.1 examined himself as P.W.1 and documents were exhibited on behalf of the Claimants and marked as Exts.1 to 6. No witness was examined on behalf of the owners of the offending vehicle as well as the Insurance Company. But the Oriental Insurance Company has filed four documents which were marked as Exts.A to D.

Considering the evidence on record, learned Tribunal directed for compensation of Rs.57,044/- i.e. Rs.28,522/- each with interest at the rate of 6% per annum from the date of application till the date of payment, failing which, it shall carry interest at the rate of 9% per annum.

5. The impugned award is assailed, inter alia, on the ground of policy violation since the driver of the offending truck had no valid and effectiv