The Oriental Insurance Co.Ltd vs Sitaram Bhoi & Anr
2023 Latest Caselaw 4458 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     MACA No.795 of 2008

                 The Oriental Insurance Co.Ltd.            ....           Appellant
                                                         Mr.G.P.Dutta, Advocate
                                            -versus-
                 Sitaram Bhoi & Anr.                       ....       Respondents



                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

26.04.2023 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant.

3. Present appeal by the Insurer is directed against judgment dated 13th March, 2008 of 2nd M.A.C.T., Sambalpur, in Misc Case No.25 of 2002, wherein compensation to the tune of Rs.15,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of injury sustained by the Claimant in the motor vehicular accident on 8th September, 1998.

4. The Claimant-Respondents did not appear despite issuance of notice and in the mean time around twenty five years have been elapsed from the date of accident.

5. Keeping in view all such circumstances and considering the measly amount of compensation and the fact that no evidence has been adduced form the side of the Insurer, the appeal is dismissed.

6. The Appellant is directed to deposit the compensation amount as directed by the Tribunal including interest within a period of two months from today; where-after the same shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the Tribunal.

7. 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.

8. It is made clear that this Court has not disturbed the direction of learned Tribunal regarding right of recovery granted in favour of the insurance company.

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

( B.P. Routray) Judge

S.Das