ORIENTAL INSURANCE COMPANY LTD. Vs. MD.ALISI

JUDGEMENT

(1.) THIS Letters Patent Appeal under Chapter VII, Rule 2(a) of the Rules of the Orissa High Court has been filed by the Oriental Insurance Company impugning the judgment of a Single Judge of this Court in Miscellaneous Appeal No.97 of 1994 passed on November 25, 1999.

(2.) BEREFT of unnecessary details, the short facts necessary for an effectual adjudication of the inter se disputes in this case are as follows : - Respondent No.1, a minor, filed Misc. (A) Case No.263 of 1988 (K) on being represented through his father guardian claiming compensation on account of bodily injuries sustained by him in an accident caused by a dumper bearing registration number ORU 3491 belonging to respondent No.2. The appellant -Insurance Company, on receiving notice, filed its written statement evasively denying the allegations made in the claim application and calling upon the claimant to prove the allegations. Respondent No.2, the owner of the offending vehicle, also contested the claim case denying the allegations relating to the accident and the injuries alleged to have been sustained by the claimant. It was specifically averred that the compensation awarded if any should be paid by the Insurance Company as the dumber had been insured with the appellant -Insurance Company.

(3.) THE appellant Insurance Company thereafter filed an A.H.O. against the said judgment in Misc.Appeal No.35 of 1994 passed by a learned Single Judge which was registered as A.H.O. No.6 of 1996. A Division Bench of this Court by order dated 20.3.1997 dismissed the said A.H.O. arriving at the conclusion that there was absolutely no merit in the contentions advanced. Thus, for all acts and purposes the findings arrived at and the liability of the Insurance Company to pay the compensation has become final and binding.