Orissa High Court
Branch Manager vs Sunil Kumar Biswal And Another on 4 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.297 of 2014
Branch Manager, IFFCO-TOKIO .... Appellant
Insurance Co. Ltd.
Mr. G.P. Dutta, Advocate
-versus-
Sunil Kumar Biswal and another .... Respondents
Mr. P.K. Rath, Senior Advocate for Respondent No.1
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
04.08.2023
Order No.
11. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-
Insurance Company and Mr. P.K. Rath, learned Senior Advocate
for the Respondent No.1-claimant.
2. Present appeal by the insurer is directed against the judgment
dated 4.12.2013 of the learned 2nd MACT, N.D., Sambalpur in
M.A.C. Case No.164 of 2011 (Sambalpur), wherein the learned
Tribunal has granted compensation to the tune of Rs.5,00,000/-
along with interest @6% per annum to the claimant from the date
of filing of the claim application on account of injuries sustained
by him in the motor vehicular accident dated 14.5.2011.
3. It is contended by Mr. Dutta, learned counsel for the Appellant-
insurer that the policy was for a private car and the same is a
packaged policy. The injured was an occupant of the vehicle in
the capacity of commercial passenger and therefore, the liability
on the insurer should be absolved.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Aug-2023 10:05:50
4. I do not find any merit on the submission of Mr. Dutta since no
evidence has been adduced on the part of the insurer to justify
their contention regarding commercial use of the offending
vehicle and it is the admitted case of the insurer that the same was
covered with a packaged insurance policy. However, the learned
Tribunal has granted right of recovery in favour of the insurer,
which is not disturbed by this Court.
5. On the question of quantification of compensation amount, no
merit is seen in favour of the insurer to reduce the same.
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 in terms of the direction of the learned
Tribunal within a period of two months from today, where-after
the same shall be disbursed in favour of the claimant-Respondent
No.1 on same terms and proportions as contained in the
impugned judgment.
7. 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
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 09-Aug-2023 10:05:50
