Orissa High Court
Divisional Manager vs Lachhman Harijan And Others on 6 December, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.187 of 2003
Divisional Manager, Oriental .... Appellant
Insurance Co. Ltd.
Mrs.R. Pati, Advocate
-versus-
Lachhman Harijan and others .... Respondents
.
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
06.12.2022
Order No.
M.C. No.280 of 2003 and MACA No.187 of 2003
12. 1. Heard Mrs. R. Pati, learned counsel for the Appellant-
Insurance Company. Despite service of notice by speed post as
well as through paper publication, no one appears for the injured-
claimant-Respondent No.1. The notice is treated sufficient against
him.
2. Upon hearing Mrs. Pati, learned counsel for the Appellant and
considering the grounds mentioned in the limitation petition, the
delay in filing the appeal is condoned.
3. The M.C. No.280 of 2003 is disposed of.
4. Present appeal by the insurer is directed against the judgment
dated 25.03.2002 of learned M.A.C.T., Kalahandi-Nuapada,
Bhawanipatna in M.J.C. No.116/1994, wherein compensation to
the tune of Rs.29,000/- has been granted along with interest @9%
per annum to the claimants from the date of filing of the claim
application, i.e. 27.8.1994 on account of injury sustained by
Respondent No.1 in the motor vehicular accident dated
26.7.1994.
5. Mrs. R. Pati, learned counsel for the Appellant-Insurance
Company contends that the Insurance Policy in respect of the
offending vehicle was not valid on the date of accident and
therefore, the insurer is not liable to indemnify the compensation
amount.
6. None appears on call for the injured-claimant-Respondent
No.1. His case is that on the date of accident, i.e. 26.7.1994, when
he was a minor boy aged about 10 years, the offending Jeep
bearing Registration No.OR-08-3511 dashed against him coming
with high speed in a negligent manner. Due to the accident, he
sustained seven simple injuries and two grievous injuries
including depression fracture over right occipital region. Learned
Tribunal considering the nature of injuries as mentioned in the
police papers has directed for payment of the aforesaid amount.
7. No evidence was adduced from the side of the insurer. On the
other hand, the claimants produced Photostat copy of the
Insurance Policy bearing No.43223/7/0/MV/5200/94 valid upto
8.2.1995. In course of trial, the validity of the said Insurance
Policy was never questioned by the insurer. Therefore, what is
submitted by Mrs. Pati at this stage that such policy did not exist
on the date of accident is hard to conceive and the same is
rejected.
8. No further ground is seen to interfere with the impugned
judgment and as such, the same is confirmed. However, the
direction for payment of penal interest @12% per annum is
waived.
9. In the result, the appeal is dismissed and the Appellant is
directed to deposit the entire compensation amount along with
interest before the learned Tribunal as per its direction within a
period of two months from today; where-after the same shall be
disbursed in favour of the injured-claimant-Respondent No.1 on
such terms and proportion to be decided by the learned Tribunal.
10. It is submitted by Mrs. Pati that the entire compensation
mount has already been deposited before this Court on
14.12.2011 pursuant to the order dated 30.11.2011 of this Court.
11. On deposit of the award amount before the learned Tribunal
and filing of a receipt evidencing the deposit with a refund
application before this Court, the statutory deposit made before
this Court along with the amount deposited pursuant to the order
dated 30.11.2011 of this Court with accrued interest thereon shall
be refunded to the Appellant.
12. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
