Authority: High Court of Orissa at Cuttack

Order Date: 29 September 2026

Case Overview

  • Appeal (MACA No.753 of 2013, CNR No.ODHC010007292013) filed by Hemanta Kumar Lenka under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment dated 04.05.2013 of the 3rd Motor Accident Claims Tribunal, Bhubaneswar (MAC Case No.240/312 of 2004).
  • Original Tribunal directed Bajaj Allianz General Insurance Co. Ltd., Divisional Manager, Bhubaneswar (Respondent No.2) to pay Rs.1,15,000 with simple interest at 7% from the claim filing date (11.05.2004) until realization.
  • Accident details: On 13.11.2003 at ~07:30 AM, claimant traveling on a moped collided with a Hero Honda motorcycle (Regd. No. OR-02-Y-5517) near Chintamaniswar Petrol Pump, Cuttack, sustaining grievous injuries.
  • FIR lodged at Laxmisagar Police Station (Case No.196 of 2003); charge‑sheet filed against the rider for rash and negligent riding.
  • Claim filed before the Tribunal; owner of the offending vehicle was set ex‑party on 06.10.2005 for not contesting. The insurer appeared, contesting the claim on grounds of alleged non‑occurrence of accident, claimant’s fault, and delay in FIR filing (44 days).
  • Evidence: Claimant (PW1) presented oral testimony and documents (police report, medical certificates, discharge certificate, income particulars – Exts. 1‑6). Insurer produced documentary evidence only (Exts. A‑C).
  • The Tribunal awarded compensation of Rs.1,15,000; appellant appealed only on quantum, insurer did not challenge Tribunal’s findings but in its Written Statement admitted the rider’s licence (No. 5795, valid 13.11.1987‑07.08.2008) and claimed no liability due to claimant’s fault, without supporting evidence.
  • High Court observed no evidence from insurer to substantiate its pleas and noted the Tribunal’s judgment lacked any discussion on policy‑condition violation by the vehicle owner. Consequently, the Court could not uphold the Tribunal’s finding granting a right of recovery to the insurer.
  • Settlement history: The matter was referred to several National Lok Adalats; in the last Lok Adalat, parties negotiated a settlement of Rs.1,50,000, but it could not be processed due to the claimant’s absence.
  • The Court, after negotiation with counsel, proposed the same consolidated sum of Rs.1,50,000 as full and final settlement, without interest. Claimant’s counsel (Mr. Bibudhendra Kumar Rath) accepted; insurer’s counsel (Mr. Adam Ali Khan) did not dispute and left the decision to the Court’s discretion.
  • Citing Taslim Parvin & Another v. (Smt.) Usha Devi & Another; 2018(2) TAC 22 (SC), the Court held that interest of justice is served by fixing compensation at Rs.1,50,000.

Final Outcome

  • The appeal is disposed of. Bajaj Allianz General Insurance Co. Ltd., Divisional Manager, Bhubaneswar is directed to pay a consolidated sum of Rs.1,50,000 (Rupees One Lakh Fifty Thousand) to the claimant‑appellant within eight weeks from the order date.
  • Payment shall be made in cash; the appellant shall bear the proper court fee.

Topics: Motor Accident Compensation, Insurance Liability