National Insurance Co.Ltd vs Lalita Sahu & Ors
2023 Latest Caselaw 3786 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.190 of 2008

                 National Insurance Co.Ltd.                  ....          Appellant
                                                              Ms.R.Pati, Advocate
                                               -versus-
                 Lalita Sahu & Ors.                          ....       Respondents
                                                          Mr.P.N.Mishra, Advocate

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                           ORDER

19.04.2023 Order No.

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

2. Heard Ms.Pati, learned counsel for the Appellant & Mr.Mishra, learned counsel for the Claimant-Respondent Nos.1 to 5.

3. Present appeal by the Insurer is directed against judgment dated 27th September, 2007 of 3rd M.A.C.T., Bhubaneswar, in Misc No.66 of 1996, wherein compensation to the tune of Rs.50,000/- has been granted along with interest @7% per annum with effect from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident.

4. It is seen that the Tribunal has granted the amount under no fault liability. As such, the appeal is not entertained and dismissed.

5. However, it is submitted that presently a claim application preferred under Section 166 of the M.V. Act is pending before 5th MACT, Khorda in MAC Case No. 37 of 2009. It is open for the parties to pray for adjustment of the amount paid under no fault

liability without prejudice to the question on liability of the Insurance Company.

6. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge

S.Das