LAWS(ORI)-2022-8-18

NATIONAL INSURANCE COMPANY LIMITED Vs. G. DILESU PATRA

Decided On August 12, 2022
NATIONAL INSURANCE COMPANY LIMITED Appellant
V/S
G. Dilesu Patra Respondents

JUDGEMENT

(1.) Ms. Mohanty, learned advocate appears on behalf of petitioner-insurance company. She submits, impugned is award dtd. 7/2/2018 made by the Permanent Lok Adalat (PLA). In spite of her client having repudiated the claim on basis of the driver not holding a valid licence, the PLA proceeded to adjudicate and made award.

(2.) She submits, the vehicle being driven was a Tata Magic. It was carrying passengers. The driver had licence permitting him to drive transport vehicle M/HMV. On query from Court regarding judgment of the Supreme Court, referred in the award and particularly judgment dtd. 3/7/2017 in Mukund Dewangan vs. Oriental Insurance Company Limited passed in Civil Appeal no.5826 of 2011, she submits, said judgment came after the repudiation.

(3.) Mr. R. K. Sahu, learned advocate appears on behalf of opposite party no.1 while Mr. A. R. Sethy, learned advocate, for opposite party no.2.