The Oriental Insurance Company ... vs Smt. Sabita Nayak And Others
2023 Latest Caselaw 4315 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.674 of 2018
                The Oriental Insurance Company Ltd. ....              Appellant
                                                     Mr. M.C. Nayak, Advocate
                                            -versus-
                Smt. Sabita Nayak and others             ....      Respondents
                           Mr. P.N. Mishra, Advocate for Respondent Nos.1 & 2
            .



                            CORAM:
                            JUSTICE B. P. ROUTRAY
                                           ORDER

25.04.2023 Order No.

04. 1. Heard Mr. M.C. Nayak, learned counsel for the Appellant-

Insurance Company and Mr. P.N. Mishra, learned counsel for the Respondent Nos1 & 2-claimant.

2. Present appeal by the insurer is directed against judgment dated 13.10.2017 of learned 1st M.A.C.T., Puri in M.A.C. No.126 of 2013, wherein compensation to the tune of Rs.8,57,000/- has been granted along with simple interest @6% per annum to the claimants from the date of filing of the claim application on account of death of the deceased in the motor vehicular accident dated 07.03.2013.

3. Mr. M.C. Nayak, learned counsel for the insurer submits that the offending vehicle, i.e. Truck bearing Registration No.OR-13- D-4612 did not have valid permit on the date of accident.

4. It is seen that the owner did not come to contest the claim application and has been set ex-parte. Accordingly the contention raised by the insurer through Ext.D, an extract copy of the permit,

is found substantiated and as such, the right of recovery is extended in favour of the Appellant-insurer.

5. On the question of quantum of compensation, no merit is seen in favour of the insurer to reduce the same. Accordingly, the amount granted by learned Tribunal is confirmed.

6. In the result, the appeal is disposed of with a direction to the Appellant - Insurance Company to deposit entire compensation amount along with interest as directed by the learned Tribunal in the impugned award within a period of two months from today, which shall be disbursed in favour of the claimants-Respondent Nos.1 & 2 on same terms and proportion as contained in the impugned judgment.

7. As stated earlier, the insurer is at liberty to recover the compensation amount from the owner in accordance with law.

8. 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.

( B.P. Routray) Judge

B.K. Barik