National Insurance Company Ltd vs Laba @ Naba Kumar Ghosh And
2023 Latest Caselaw 2922 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.771 of 2018
                 National Insurance Company Ltd.,
                 represented through its Divisional     ....
                                                                   Appellant
                 Manager, Cantonment Road Cuttack
                                         Mr. Ramani Ranjan Mohanty, Advocate
                                            -versus-
                 Laba @ Naba Kumar Ghosh and          ....       Respondents
                 Another
                                  Mr. B. Singh, counsel for Respondent No.1

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

6.4.2023 Order No.

12. 1. The matter is taken up through hybrid mode.

2. Heard Mr. R.R. Mohanty, learned counsel for the insurer - Appellant and Mr. B. Singh, learned counsel for claimant - Respondent No.1.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 30th January, 2018 of learned 6th MACT, Karanjia passed in MAC Case No.141 of 2013, wherein compensation to the tune of Rs.50,970/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 4th December, 2013 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 14th January, 2013.

4. It is contended on behalf of the Appellant that the owner himself was driver of the offending vehicle without having a valid driving licence on the date of accident. Such contention put-forth by Mr. Mohanty is not found acceptable at this stage in absence of any pleading and evidence adduced thereof. Moreover, keeping in view the measly amount of compensation directed to be paid, I am not inclined to interfere with the impugned award.

5. The appeal is accordingly dismissed.

6. The statutory deposit made by the appellant - insurer before this court along with accrued interest thereof be refunded on proper application.

7. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda