Orissa High Court
Oriental Insurance Co. Ltd. ... vs Supari Mahakud & Others on 15 February, 2024
Author: R.K. Pattanaik
Bench: R.K. Pattanaik
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.651 of 2022
Oriental Insurance Co. Ltd. represented .... Appellant
by the Divisional Manager
Mr. P.K. Mahali, Advocate
-Versus-
Supari Mahakud & others .... Respondents
Mr. B.N. Nath, Advocate
CORAM:
MR. JUSTICE R.K. PATTANAIK
ORDER
15.02.2024 Order No.
07. 1. Heard Mr. Mahali, learned counsel for the appellant Insurance Company and Mr. Nath, learned counsel appearing for respondent Nos.1 to 5.
2. None appears for respondent No.6, as against whom, notice has been treated sufficient by the Court's order dated 27th April, 2023.
3. Mr. Mahali, learned counsel for the appellant Insurance Company cited a decision in the case of National Insurance Company Limited vs. Ashalata Bhowmik and others reported in 2018 AIR SC 4133 to contend that liability is not to be borne by the Insurance Company instead should have been saddled on the owner of the offending vehicle, which is challenged by Mr. Rath, learned counsel for the claimants respondent Nos. 1 to 5 stating that there has been no evidence to show the violation of the policy conditions.
Page 1 of 24. In support of such contention, other citations (filling copies thereof) are referred to by Mr. Mahali, learned counsel for the appellant Insurance Company, which are to be kept in record.
5. For further hearing, list the matter on 13th March, 2024 for final orders.
(R.K. Pattanaik) Judge Balaram Signature Not Verified Digitally Signed Signed by: BALARAM BEHERA Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Feb-2024 19:27:27 Page 2 of 2