Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.29 of 2006 CNR No. ODHC010023512006 Prahallad Chandra Rout ..... Appellant Represented by Adv. - M/s. Sarat Ku. Mohanty -versus- Nanda Kishore Agarwalla and another ..... Respondents Represented by Adv. - M/s. S.K. Mohanty, Adv. for Insurance Company CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 03.09.2026 Order No. 09. 1. This matter is taken up through Hybrid mode. 2. It is stated by the learned counsel for the claimant-Appellant that he has already deposit the deficit court fee. 3. Office is directed to verify and accept the same. 4. Heard learned counsel for the Appellant as well as learned counsel appearing for the Respondent-Insurance Company. Perused the appeal memo as well as the grounds taken therein. 5. By filing the present appeal the claimant-Appellant has approached this Court challenging the nil award passed by the learned 1st MACT, Keonjhar in MAC Case No.289 of 1989 dated 20.12.2005. Page 2 of 3. 6. On perusal of the record, it appears that although the appeal was filed in the year 2005, however, the same remained pending for almost two decades. Only a couple of weeks back the learned counsel for the Appellant has deposited the court fee. However, this Court accepted such late deposit of court fee and proceeded to examine the matter on merits upon hearing the learned counsels for both sides. 7. Learned counsel appearing for the Appellant-claimant, at the outset, contended that the Tribunal has committed an error in not holding that the Appellant was traveling in the Bus in question bearing Registration No.ORM-2011 and that injuries sustained by the Appellant has been disbelieved erroneously by the learned Tribunal. He further contended that the award passed by the learned Tribunal dismissing the claim made by the Appellant is unsustainable in law. He further contended that the claimant was examined as PW-1 from the claimant’s side and in the absence of any other evidence from the Respondent’s side, the claim of the Appellant should have been considered and he should have been awarded a suitable compensation for the injuries sustained by the claimant-Appellant in the above-noted accident. On such ground, learned counsel for the Appellant-claimant contended that the impugned judgment/award is liable to be set aside and the claim of the Appellant needs to be reconsidered. 8. Learned counsel for the Respondent-Insurance Company, on the other hand, referring to the deposition of the claimant, who was examined as PW-1, stated before this Court that though the Appellant in his examination-in-chief submitted that he was traveling in the Bus in question, however, in the cross-examination Page 3 of 3. he has categorically stated that he had no document to show that he was traveling in the Bus. Moreover, the claimant-Appellant had not filed any document with regard to his treatment or medical examination in respect of the injuries sustained by the Appellant in course of the aforesaid bus accident. 9. Taking into consideration the aforesaid deposition, as well as the surrounding facts and circumstances, the Tribunal has come to hold that the Appellant has failed to establish his claim by leading evidence. While answering the aforesaid question in issue No. 2, the Tribunal has come to a finding that there is no satisfactory evidence to hold that the accident took place due to rash and negligent driving of the Bus and in respect of issue Nos.1 & 3, it has been held that since no document has been filed in support of the Appellant’s claim and in the absence of any evidence to hold that the claimant sustained injuries in the accident, the Appellant is not entitled to any compensation. 10. In view of the aforesaid factual position, and on a careful examination of the rival contentions raised before this Court, further on a close scrutiny of the materials on record as well as the impugned award, this Court is of the view that the same does not call for any interference. 11. Accordingly, the appeal stands dismissed. ( Aditya Kumar Mohapatra ) Judge S.K. Rout