Ghania Kandi v. Jagadish Pr.Mohanty

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No. 1088 of 2007 Gharia Kandi ....

Appellant Mr. Arup Kumar Jena, Advocate -versusJagadish Prasad Mohanty and Another .... Respondents Mr. Harihar Dora, Advocate (R/1)

CORAM:

THE CHIEF JUSTICE

ORDER

09.09.2022 07.

1. The claim has been rejected on the ground that earlier the case Order No.

against Respondent No.1, who is the owner of the vehicle was dismissed by an order dated 8th November, 2000 and no steps were taken by the Claimant to have that order set aside. As rightly pointed out, in the absence of the owner of the vehicle, who is the insured person, the case was not maintainable against the insurance company.

2. The court is unable to find any error having been committed by the MACT in coming to the above conclusion. The appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice S.K. Jena/Secy.