The Divisional Manager vs Kausalya Bhoi And Others
2022 Latest Caselaw 7119 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.450 of 2017
            The Divisional Manager, Oriental               ....        Appellant
            Insurance Company Ltd.
                                                    Mr. S. Satapathy, Advocate
                                         -versus-
            Kausalya Bhoi and others               ....       Respondents
             Ms. M. Das, Advocate on behalf of Mr. P.K. Mishra, Advocate
                                               for Respondent Nos.1 to 3
                           CORAM:
                           JUSTICE B. P. ROUTRAY
                                       ORDER

06.12.2022 Order No.

11. 1. Heard Mr. S. Satapathy, learned counsel for the Appellant-

Insurance Company and Ms. M. Das, learned counsel, on behalf of Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 3-claimants.

2. The Hon'ble Supreme Court by order dated 12.05.2022 passed in Civil Appeal No.3896 of 2022, preferred against order dated 26.11.2020 of this Court in the present appeal, has set aside the order of this Court and observed as follows:

"10. As the High Court had not given any plausible reason as to why the amount was required to be scaled down, logically the matter is required to be sent back to the High Court for fresh assessment. However, considering the fact that the accident occurred way back in 2015, any such remand at this stage will simply prolong the matter. We have, therefore, heard learned counsel on merits of the matter and are

quite satisfied that the assessment made by the Tribunal did not call for any interference.

11. We, therefore, allow this appeal, set-aside the judgment and order passed by the High Court and restore the order passed by the Tribunal, without any order as to costs."

3. Both the counsels appearing for the respective parties submit that in the meantime the award amount in terms of the direction of the learned Tribunal has been satisfied. As such, no need is there for further listing of the appeal.

( B.P. Routray) Judge

B.K. Barik