tITEM NO.13 COURT NO.11 SECTION XIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSPetition(s) for Special Leave to Appeal (Civil)....../2014 CC 6922/2014(From the judgement and order dated 09/12/2013 in MACA No.929/2012,of The HIGH COURT OF ORISSA AT CUTTACK)NEW INDIA ASSURANCE CO. LTD. Petitioner(s) VERSUSRINKI PANDA & ORS. Respondent(s)(With appln(s) for c/delay in filing SLP)WITH S.L.P.(C)...CC NO. 7267 of 2014(With appln(s) for c/delay in filing SLP and office report)Date: 06/05/2014 These Petitions were called on for hearing today.CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Amit Kumar Singh, Adv. Ms.K.Enatoli Sema,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Delay is condoned. The case of petitioner - Insurance Company is that the rickshaw which is involved in the accident is not the rickshaw which is insured by the petitioner. It is contended that two Writ Petitions are pending in the Orissa High Court, one is filed by the petitioner and the other is filed by one Mr. Manoranjan Sahoo who is the lessee of respondent no.4. -2- Counsel for the petitioner submitted that it isnecessary for the High Court to first decide as towhich rickshaw was involved in the accident or whetherany rickshaw was at all involved in the accident. Hesubmitted that under the circumstances, it is wrong tofasten the liability on the Insurance Company. We are not inclined to interfere with theimpugned order. In any case ultimately if it transpiresthat no rickshaw at all was involved in the accident orthat the rickshaw that is involved in the accident isnot the rickshaw which is insured by the petitioner,the petitioner can have recourse to all the remedieswhich are available to it in law including remedy forrecovering the money from the real owner of theoffending rickshaw. Needless to say that it will beopen to the petitioner to adopt such proceedings as itcan adopt in law against the Police Authorities. Wemake it clear, however, that we have expressed no
opinion on this aspect. The Special Leave Petitions are disposed of inthe afore-stated terms. (Vishal Anand) (Indu Pokhriyal) Court Master Court Master