Orissa High Court
MACA/509/2024 of M/S. BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD. Vs SUDHA GOWALA on 2 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.509 of 2024 CNR No. ODHC010389602024 M/s. Bajaj Allianz General Insurance Co. Ltd. ..... Appellant Represented by Adv. - Anupam Dash -versus- Sudha Gowala & Ors. ..... Respondents Represented by Adv. - CORAM: THE HON’BLE MR. JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.509 of 2024
CNR No. ODHC010389602024
M/s. Bajaj Allianz General
Insurance Co. Ltd.
.....
Appellant
Represented by Adv. -
Anupam Dash
-versus-
Sudha Gowala & Ors.
.....
Respondents
Represented by Adv. -
CORAM:
THE HON’BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
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ORDER
02.09.2026 Order No.
07.
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel for the Appellant-Insurance Company. Perused the Appeal Memo as well as the grounds taken therein.
3. Despite valid service of notice, none appears for the Respondent Nos.1 to 4, which has already been indicated by a coordinate bench of this Court in its order dated 28.11.2025.
4. By filing the present appeal under Section 173 of the M.V. Act, 1988, the Appellant-Insurance Company seeks to challenge the judgment dated 07.02.2024 passed in MAC Case No.236 of 2017 by the learned 2nd Additional District Judge-cum-3rd MACT, Bhubaneswar.
5. Learned counsel for the Appellant, at the outset, contended that the claimants approached the learned Tribunal claiming a sum of Rs.20,00,00/- on account of death of one Vishal Gowala in a road accident that occurred on 03.09.2017, at about 1:30 AM. The deceased, while travelling by a motor cycle as a pillion rider met with an accident with the offending tractor bearing Regd. No.OD-02-AF- 5457 and its trolley bearing Regd. No.OD-02-AF-5458. As a result of the aforesaid accident, the deceased sustained bodily injury. Thereafter, he was shifted to Capital Hospital, Bhubaneswar. However, during treatment, the deceased passed away. Accordingly, Khandagiri P.S Case No.375 of 2017 has been registered under Sections 279/337/338/304-A of IPC.
6. While assailing the impugned judgment dated 07.02.2024, at Annexure-1, learned counsel for the Appellant-Insurance Company, at the outset, contended that the offending vehicle did not have a valid permit. He further contended that the deceased was an engineering student at the time of accident and, that the income assessed by the learned Tribunal is on the higher side. He further challenged the penal interest awarded @ 8%. On such ground, learned counsel for the Appellant contended that the impugned judgment is required to be interfered with on the grounds taken in the appeal memo.
7. None appears for the Respondents.
8. On a careful analysis of the submissions made by learned counsel for the Appellant, further on a close scrutiny of the impugned judgment, this Court found that the learned Tribunal has not committed any illegality in the impugned judgment. That said, on a careful examination of the materials on record, this Court deems it proper to modify and reduce the awarded amount from Rs.16,22,000/- to a consolidated sum of Rs.16,00,000/- along with interest @ 6% from the date of filing of the claim application with effect from 31.10.2017. Additionally, this Court also holds that awarding of penal interest @ 8% is not sustainable. Accordingly, the same is hereby waived.
9. Further, taking note of the contention raised by the learned counsel for the Appellant-Insurance Company that the offending vehicle did not have a valid permit, this Court grants the right of recovery to the Appellant-Insurance Company in accordance with law. However, while considering such right of recovery of the Appellant-Insurance Company, the learned Tribunal shall examine the aforesaid aspect before proceeding further with the recovery of the amount from the owner of the vehicle and shall also provide an opportunity of hearing to the owner, if possible.
10. In view of the aforesaid direction, the Appellant-Insurance Company is directed to deposit the modified awarded amount before the learned Tribunal within a period of eight weeks, if the same has not already been deposited in the meantime. On production of a copy of the acknowledgment, indicating deposit of the money before the learned Tribunal, the Registry shall do well release the statutory deposit along with accrued interest in favour of the Appellant- Insurance Company.
11. With the aforesaid modification, the Appeal stands disposed of.
( A.K. Mohapatra )
Judge
Anil
Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 07-Sep-2026 13:22:59 Signature Not Verified