Orissa High Court
M/S.New India Assurance Co. Ltd vs Balaram Pahi And Others on 10 February, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.680 of 2012
M/s.New India Assurance Co. Ltd. .... Appellant
Mr. P.K. Panda, Advocate
-versus-
Balaram Pahi and others .... Respondents
Mr. B.B. Mishra, Advocate for Respondent No.3
Mr. Sudip Kumar Sarangi, Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
10.02.2022
Order No.
07. 1. In view of the office note, notice is treated sufficient against
Respondent No.4.
2. Heard Mr. P.K. Panda, learned counsel for the Appellant-
Insurance Company, Mr. B.B. Mishra, learned counsel for the
Respondent No.3 and Mr. Sudip Kumar Sarangi, learned counsel
for the Respondent No.1.
3. Mr. P.K. Panda, learned counsel for the Appellant submits that
in terms of the order dated 4.5.2016, he has already deposited the
entire awarded amount of Rs.1,60,500/- along with interest before
this Court on 19.05.2016.
4. Present appeal by the insurer is directed against the judgment
dated 17.04.2012 of the learned 2nd MACT, Cuttack in Misc.
Case No.239 of 1994 wherein compensation to the tune of
Rs.1,60,500/- along with interest @6% per annum from the date
of filing of the claim application was granted by the learned
Tribunal to the claimant on account of her injury sustained in a
motor vehicular accident dated 17.12.1993. Learned Tribunal
while holding composite negligence on both the offending
vehicles has further directed to pay the compensation by both the
insurers, i.e., M/s.National Insurance Co. Ltd. and M/s.New India
Assurance Co. Ltd. in equal share.
5. Present Appellant is M/s.New India Assurance Co. Ltd, who
challenges the direction made to it for depositing the award to the
extent of 50% along with 6% interest.
6. Mr. Panda, learned counsel for the Appellant submits that
though the driver of the offending Truck in respect of which the
Appellant was directed to indemnify the compensation to the
extent of 50% was not having a valid license on the date of
accident. It is further submitted that the license shown on the part
of the driver of the Truck is a fake license. But the learned
Tribunal without discussing the same has directed for
indemnification of the compensation amount by the insurer.
7. Having heard all the parties and upon perusal of the impugned
judgment, it reveals that except the stray averment in the Written
Statement contending that the driver had no valid license, no
specific pleading or evidence was taken by the Appellant before
the learned Tribunal. In the present appeal also the Appellant
does not adduce any additional evidence to substantiate the plea
on that score. Therefore, the contention raised by the Appellant
that the driver had no valid license or fake license on the date of
accident cannot be accepted at this stage. Accordingly, the appeal
is seen without merit and dismissed.
8. The Appellant-Insurance Company is directed to deposit the
amount liable to him along with interest as per the direction of the
learned Tribunal within a period of two months from today and
the same shall be disbursed to the claimant.
9. 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 with accrued interest thereon shall be refunded to the
Appellant-Insurance Company.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
B.K. Barik
