The Branch Manager vs Sanjay Singh And Others
2023 Latest Caselaw 3424 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                    MACA No.444 of 2009
                The Branch Manager, Oriental           ....          Appellant
                Insurance Co. Ltd.
                       Ms. S. Gumansingh, Advocate on behalf of Mrs. P. Rath,
                                                                   Advocate
                                          -versus-
                Sanjay Singh and others                ....       Respondents
                             Mr. N.K. Mohanty, Advocate for Respondent No.3
                                   Ms. A. Rout, Advocate for Respondent No.1
            .


                          CORAM:
                          JUSTICE B. P. ROUTRAY
                                        ORDER

13.04.2023 Order No.

12. 1. Heard Ms. S. Gumansingh on behalf of Mrs. P. Rath, learned counsel for the Appellant-Oriental Insurance Co. Ltd., Ms. A. Rout, learned counsel for the Respondent No.1-claimant and Mr. N.K. Mohanty, learned counsel for Respondent No.3-New India Assurance Co. Ltd.

2. Present appeal by Oriental Insurance Co. Ltd. is directed against the judgment dated 7.3.2009 of learned 1st M.A.C.T., Sundargarh in M.A.C. Case No.242 of 1998, wherein compensation to the tune of Rs.39,000/- has been granted and payable by both Insurance Companies in equal share, along with interest @9% per annum to the claimant from the date of filing of the claim application i.e. 20.7.1998, on account of injury sustained by him in the motor vehicular accident dated 25.10.2007.

3. It is seen that the connected appeal, i.e. MACA No.957 of 2009 filed by New India Assurance Co. Ltd. has been disposed of by

this Court in the Lok Adalat on 6.12.2014 by confirming the payment directed by learned Tribunal. Realization of the amount in favour of the claimant in the connected appeal is not disputed at the Bar. As such, no further merit is seen in the present appeal since the challenge is mainly on the ground of sharing of negligence between the drivers of both the offending vehicles.

4. In the present appeal, considering the measly amount of compensation as directed in the impugned award, which is payable in equal share, and the fact that the award in the connected appeal has been confirmed by this Court in Lok Adalat, I am not inclined to interfere with the impugned award in the present appeal. As such, the appeal is dismissed.

5. The Appellant - Insurance Company (Oriental Insurance Co. Ltd.) is directed to deposit his share including interest as directed by learned Tribunal in the impugned award within a period of two months from today, which shall be disbursed in favour of the claimant-Respondent No.1 as per the direction of learned Tribunal.

6. On deposit of the award amount before 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.

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

( B.P. Routray) Judge B.K. Barik