Orissa High Court
The Divisional Manager vs Sudam Sahu And Another on 21 October, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.101 of 2021
The Divisional Manager, M/s. National
Insurance Company Ltd. .... Appellant
Mr. G.P. Dutta, Advocate
-versus-
Sudam Sahu and Another .... Respondents
Mr. P.K. Sahoo, counsel for Respondent No.1
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
21.10.2022
Order No.
I.A. No.891 of 2021
08. 1. The matter is taken up through hybrid mode.
2. Heard Mr. G.P. Dutta, learned counsel for the insurer -
Appellant and Mr. P.K. Sahoo, learned counsel for claimant -
Respondent No.1.
3. In view of the office note and postal tracking report, the notice
on the owner - Respondent No.2 is treated sufficient.
4. Upon hearing both parties and considering the grounds
mentioned in the application, the delay in filing the appeal is
condoned.
5. The I.A. is disposed of.
MACA No.101 of 2021
09. 6. Heard Mr. Dutta, learned counsel for the insurer-Appellant and
Mr. Sahoo, learned counsel for claimant - Respondent No.1.
7. Present appeal by the insurer is directed against the impugned
judgment dated 5th February, 2020 of the learned 4th MACT, Angul
passed in MAC No.18 of 2017 wherein compensation of Rs.23,481/-
along with interest @ 6% per annum from the date of filing of the
claim application has been awarded on account of injuries sustained
by the injured claimant in the motor vehicular accident dated 25th
October, 2016.
8. It is contended on behalf of the insurer that the offending bus
bearing registration number OR 19L 0900 at the time of accident was
travelling carrying passengers beyond its capacity and as such
violation of policy condition is well established.
9. Thus considering the number of injured passengers as 64 as
well as death of three other persons and that, the permit was in respect
of 46 passengers only, the insurer is found entitled for right to
recovery.
10. In the result the appeal is disposed of with a direction to the
insurer - Appellant to deposit the entire awarded compensation along
with interest before the tribunal within a period of two months from
today, where-after the same shall be disbursed in favour of the
claimant - Respondents in the same term and proportion as contained
in the impugned judgment. However, the penal additional interest of
1% is waived.
11. As stated above, it is open for the Appellant to seek such right
of recovery of the compensation amount from the owner of the
vehicle in accordance with law after affording opportunity of hearing
to him.
12. The statutory deposit made by the insurer - Appellant before
this court along with accrued interest be refunded to the Appellant on
proper application and on production of proof of deposit of the
awarded amount before the tribunal.
13. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
