Orissa High Court
Silpi Samantaray And vs Suresh Ku. Upadhyaya on 22 October, 2025
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No. 1131 of 2018
Silpi Samantaray and .... Appellants
others
Mr. B. N. Samantaray, Advocate
-versus-
Suresh Ku. Upadhyaya .... Respondents
and another
Mr. G.P. Dutta, Adv. (For R2)
CORAM: JUSTICE V. NARASINGH
ORDER
22.10.2025 Order No.
22. 1. During the course of hearing, Mr. Dutta, learned counsel for the Respondent No.2 (Insurance Company) submits that the point for consideration in the case at hand that is whether in the face of coverage under the ESI Act claim is maintainable under the Motor Vehicle Act, has been referred to a Larger Bench by order dated 19.01.2023 in the case of Rajkumar Agarwal vs. Vehicle Tata Venture, Commercial Auto Sales Private Ltd., thru. its Director and others, 2023 (2) T.A.C. 28 (S.C.).
2. And, it is submitted that as on date the law that holds the field is National Insurance Co. Ltd. Vs. Hamida Khatoon & others, AIR 2009 SC 2599 wherein the Apex Court has decided that in view of coverage Page 1 of 2 under the ESI Act, plea under the Motor Vehicle Act is not maintainable.
3. Learned counsel for the Appellant, Mr. Samantaray seeks an adjournment to go through the judgments.
4. Accordingly, list this matter on 24.11.2025.
5. The written note of submission filed by the learned counsel for the Respondent No.2 is taken on record.
(V. Narasingh) Judge Santoshi Signature Not Verified Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 23-Oct-2025 17:34:28 Page 2 of 3