Guru Charan Mohanty vs Mr. Kuldeep Singh And Another
2022 Latest Caselaw 2058 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                   MACA No.1352 of 2016 & MACA No.160 of 2017
            In MACA No.1352 of 2016
            Guru Charan Mohanty                     ....         Appellant
                                           Mr. B.N. Samantaray, Advocate
                                      -versus-
            Mr. Kuldeep Singh and another           ....      Respondents
                            Mr. G.P. Dutta, Advocate for Respondent No.2

            In MACA No.160 of 2017
            The Branch Manager, Reliance              ....           Appellant
            General Insurance Co. Ltd.
                                                   Mr. G.P. Dutta, Advocate
                                    -versus-
            Guru Charan Mohanty and another      ....       Respondents
                     Mr. B.N. Samantaray, Advocate for Respondent No.1

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                      ORDER

31.03.2022 Order No. MACA No.1352 of 2016 & MACA No.160 of 2017

09. 1. Heard Mr. B.N. Samantaray, learned counsel for claimant as well as Mr. G.P. Dutta, learned counsel for the Insurance Company.

2. Both the appeals being arise out of the same judgment are heard together and disposed of by this common order.

3. Both the appeals are against the common judgment dated 20.9.2016 in MAC No.37 of 2010 of 1st M.A.C.T., Kendrapara,

wherein learned Tribunal has granted compensation to the tune of Rs.53,200/- along with 6% interest per annum to the claimant from the date of filing of the application i.e.27.08.2010 on account of injury sustained by the claimant in the motor vehicular accident dated 12.3.2010.

4. In MACA No.1352 of 2016, the claimant has prayed for enhancement of the compensation amount. MACA No.160 of 2017 has been filed by the Insurance Company challenging the quantum of compensation.

5. Mr. B.N. Samantaray, learned counsel for the claimant as well as Mr. G.P. Dutta, learned counsel for the Insurance Company submits that the appeals can be disposed of granting liberty to the insurer for recovery of compensation amount from the owner.

6. Accordingly, both the appeals are disposed of by confirming the impugned judgment of the learned Tribunal dated 20.9.2016 in MAC No.37 of 2010 and the insurer, i.e.Reliance General Co. Ltd. is granted liberty to proceed against the owner for recovery of the compensation amount after giving opportunity of hearing to the owner.

7. The insurer (Appellant in MACA No.160 of 2017 and Respondent No.2 in MACA No.1352 of 2016) is directed to deposit the award amount of Rs.53,200/- (rupees fifty-three thousand two hundred) before the learned Tribunal along with interest @6% per annum from the date of filing of claim application i.e.27.08.2010 within a period of two months from

today; whereafter the same shall be the disbursed in favour of the claimant.

8. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit before this Court with a refund application, the statutory deposit made before this Court in MACA No.160 of 2017 with accrued interest thereon shall be refunded to the Insurance Company.

9. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik