The Divisional Manager vs Smt. Kamala Gadaba And Ors
2021 Latest Caselaw 8482 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MACA No.262 of 2021

            The Divisional Manager, Oriental        ....              Appellant
            Insurance Co. Ltd., Berhampur
                                                              Mr. P.K. Mahali,
                                                                     Advocate
                                   -versus-
            Smt. Kamala Gadaba and Ors.             ....            Respondents
                     CORAM:
                     JUSTICE BISWANATH RATH
                                       ORDER

12.08.2021

Order No.

02. 1. Registry is directed to invest the amount in Fixed Deposit Scheme in any Nationalized Bank for a long period to fetch higher interest with a rider of renewal from time to time.

(Biswanath Rath) Judge

MACA NO.262 of 2021

03. 1. Heard Mr. P.K. Mahali, learned counsel for the appellant-

Insurance Company.

2. Referring to the Ground Nos.4 and 5 attempt has been made that the vehicle involved is a two wheeler and three persons meeting with an accident and FIR being lodged much after the incident, this appeal is filed on the question of liability on the Insurance Company involved herein. Referring to the pleadings, Mr.Muduli, learned counsel for the Insurance Company took this Court to the pleadings of the respondent no.2 therein vide paragraph-4 and the discussion

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as in paragraph-8 to satisfy this Court that such grounds existed for consideration of the trial court. Considering the submission and on perusal of the aforesaid averments, this Court nowhere finds such concrete plea being taken in the trial court. Even assuming there is plea in the written statement for not asking the trial court for framing of issue will be amounting to abandonment of such issue. This Court is not inclined to entertain the appeal on the question of liability, however the case is entertainable on the ground of quantum aspect. Issue notice to the respondents-claiamnts by Registered Post with A.D./Speed Post with A.D., whichever is available, fixing a short returnable date. Requisites for which shall be filed within three working days.

3. For the appeal being entertained on the question of quantum, this Court also directs the Insurance Company to deposit 50% of the awarded amount along with 7% interest in the trial court however without prejudice to the rights and contentions of the parties involved in the appeal. Deposit as undertaken be made within six weeks. Upon receipt of such deposit, the same shall be released in favour of the claimants with proper identification also maintaining appropriate proportionate in terms of the direction already contained in the award/judgment involved herein.

4. List this matter after service of notice.

(Biswanath Rath) Judge

U.K.Sahoo