MACA/581/2011
2021 Latest Caselaw 3927 Ori

                                MACA No.581 of 2011




8.     19.03.2021         Heard Mr. S.R. Pattnaik, learned counsel for Appellant
                    and Mr. B.B. Singh, learned counsel for Respondent No.1.
                          This appeal is filed challenging the judgment and award
                    dated 13.07.2011 being passed by the learned M.A.C.T-IV,
                    Bhadrak in MAC No.81/05.
                          The award involving an injury case has been challenged
                    by the Insurance Company on the sole premises that the
                    injured being a gratuitous passenger in a goods carrying
                    vehicle, is not entitled to the benefits. It is further submitted
                    by the learned counsel for Appellant that liability aspect
                    should be saddled on the owner.
                          Considering the submission made by the Insurance
                    Company and getting into the direction of the learned M.A.C.T-
                    IV, Bhadrak, this Court finds, even though the Tribunal has
                    come to hold that the injured is entitled to compensation and
                    granted compensation to a sum of Rs.53,000/-         along with
                    interest @ 6% per annum for the period indicated therein, but
                    also granted liberty of realization of the compensation amount
                    from the Opposite Party No.1 therein for violation of Policy
                    Condition. Since there is already a direction for realization of
                    the compensation amount by taking recourse to law, this
                    Court is not inclined to entertain the grounds raised herein.
                          The MACA is, accordingly, dismissed.
                          On deposit of the awarded amount before the Tribunal
                    and filing of a receipt before this Court in token of such
                    deposit with a refund application, the statutory deposit with
                    accrued interest shall be refunded to the Insurance Company.




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(Biswanath Rath, J.) Ayas