THE MANAGER, LEGAL ORIENTAL INSURANCE CO. LTD. vs RINA SINGH

Court
Odisha High Court

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA NO.568 of 2024

(An appeal Under Section-173(1) of M.V. Act, 1988).


The Manager, Legal,
Oriental Insurance Co. Ltd.,
Bhubaneswar
… Appellant
-versus-

Rina Singh and others … Respondents



For Appellant : Mr. S. Roy, Advocate

For Respondents : Mr. B.B. Singh, Advocate

(R-1 to 3)

CORAM: JUSTICE G. SATAPATHY


DATE OF HEARING & JUDGMENT: 25.06.2026 (ORAL)


G. Satapathy, J.

1. This is an appeal by the appellant-Oriental
Insurance Co. Ltd., Bhubaneswar (in short, “the insurer”)
challenging the impugned judgment dated 18.10.2023
th
passed by learned 7 MACT, Bhubaneswar (in short “the
Tribunal”) in MAC Case No.70 of 2013 awarding
compensation of Rs.15,10,800/- in favour of the
claimants-respondents Nos. 1 to 4 including the deceased-
respondent No.4 with further direction to the appellant to
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pay the compensation amount to the above claimant-
respondents.
2. The facts in this case being not disputed is not
reiterated to avoid repetition. The appellant, however,
challenges the impugned award mainly on three grounds
such as:-
(i) for not giving right of recovery to the insurer
as the driver of the offending vehicle was not
having valid DL;
(ii) for taking income of the deceased arbitrarily
at Rs.6,000/- instead of Rs.4,500/- per month
and lastly;
(iii) for awarding high consortium amount of
Rs.1,20,000/- instead of Rs.70,000/-.

3.
Heard, Mr. Somnath Roy, learned counsel for
the appellant-insurer and Mr. Bishnu Brata Singh, learned
counsel for R1 to 3, but none appears for R5 despite
publication of notice in newspaper, which is held to be
sufficient. R4 is already dead and her name is deleted vide
order dated 27.03.2025.
4. After having considered the rival submission
upon perusal of record, coming to the challenge of the
insurer for not extending recovery of right, primarily it
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appears to this Court that the insurer has advanced such
plea on the ground of driver of the vehicle causing
accident for not holding valid DL, but not only the Tribunal
has verified the DL of the driver under Ext.A while holding
the driver for having valid DL covering the date of
accident, but also it is found by this Court from the copy of
DL of the driver as produced by the appellant-insurer that
the date of issue of DL was 24.04.2009 and it was valid till
25.07.2027(Transport) and valid up to 13.06.2024(Non-
Transport), however, the date of accident was 23.04.2013
and, therefore, at the time of accident, the driver was
holding a valid DL. For arguendo, accepting, but not
admitting the plea of the insurer that the driver was not
having valid commercial DL, it appears that the insurer
has neither adduced any oral evidence nor examined the
author of Ext.A to establish such plea, however, the
insurer also fails to establish to have taken any specific
plea in its WS with regard to violation of policy condition
by the insured for the driver to be not having any
commercial DL as advanced in the appeal memo. Besides,
mere exhibiting a document would not establish the facts
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stated therein nor marking of a document as exhibit would
prove the contents thereof. Additionally, Ext.A is a
information obtained under RTI, but neither the person
issued Ext.A was examined nor was the person who
obtained it examined and, therefore, the plea of the
insurer as advanced for extending right to recovery is
negatived as the same is unsustainable in the eye of law.
5. On coming back to the remaining challenges of
the insurer, which are primarily relate to quantum of
compensation, after making a thorough discussion and
negotiation with the learned counsel for the parties, this
Court proposes an amount of Rs.12,00,000/- along with
interest @ 6% per annum as compensation for settlement
and seeks response of the learned counsel for the parties,
to which Mr. Bishu Brata Singh, learned counsel for the
claimant-Respondent Nos.1 to 3 by filing a memo in Court
today, which is taken on record, agrees and accepts for
the same, but Mr. Somnath Roy, learned counsel for the
appellant without disputing such proposal leaves it to the
discretion of this Court.
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6. In the aforesaid facts and situation and taking into
account the law laid down by Apex court in Taslim Parvin &
Another vrs. (Smt.) Usha Devi & Another; 2018(2) TAC
22 (SC) , since the claimant-respondent Nos.1 to 3 agrees
to the proposal of the Court through their counsel and the
counsel for the appellant leaving such proposal to the
discretion of the Court, it is considered that interest of
justice would be best served, if the compensation amount
is reduced to Rs.12,00,000/- together with interest of 6%
per annum w.e.f. the date of filing of the claim application
i.e. 10.05.2013.
7. In the result, the appeal is, accordingly,
disposed of with direction to appellant-insurer to pay
modified compensation of Rs.12,00,000/- together with
interest of 6% per annum w.e.f. the date of filing of the
claim application i.e. 10.05.2013 to the claimants-
respondents Nos. 1 to 3 within eight weeks hence. In case of
payment of the modified compensation amount, the same
shall be disbursed to the claimants-Respondent Nos. 1 to 3
proportionately in terms of the award by appropriating the
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share of deceased R4-Asha Devi in favour of the rest of
the claimants equally and the statutory deposit together
with the accrued interest thereon be refunded back on
receipt of deposit of modified compensation amount before
the learned trial Court.
(G. Satapathy)

Judge











Orissa High Court, Cuttack,
th
Dated the 25 day of June, 2026/Subhasmita
Signature Not Verified
Digitally Signed
Signed by: SUBHASMITA DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 27-Jun-2026 10:46:18
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