National Insurance Co.Ltd vs Sita Dehury & Ors
2023 Latest Caselaw 9904 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 25-Aug-2023 14:04:25




                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                     MACA No.776 of 2006

                                National Insurance Co.Ltd.                  ....        Appellant
                                                                        Mr.P.K.Mahali, Advocate

                                                             -versus-

                                Sita Dehury & Ors.                    ....       Respondents
                                                 Mr.S.K.Dash, Advocate for Respondent No.5

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                           ORDER

23.08.2023 Order No.

11. 1. The matter is taken up through Hybrid mode.

2. Heard Mr. Mahali, learned counsel for the Appellant and Mr. Dash, learned counsel for Respondent No.5.

3. None appears on call for rest of the Respondents including the Claimants.

4. Present appeal by National Insurance Co. Ltd. is directed against judgment dated 7th July, 2006 of 2nd M.A.C.T., Sambalpur in Misc Case No.241 of 1995, wherein compensation to the tune of Rs.2,08,000/- has been granted along with interest @6% per annum with effect from the date of filing of the claim application on account of death of the deceased in motor vehicular accident on 3rd May, 1995.

5. The substantial contest between both the Insurance Companies, i.e. Appellant-National Insurance Co.Ltd. and Respondent No.5-New India Assurance Co.Ltd., is regarding

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Aug-2023 14:04:25

contribution of negligence and corresponding liability. This Court by judgment dated 6th April 2012 passed in MA No. 684 and 49 of 2001 has already settled the dispute between both the Insurance Companies that both are liable to the extent of 50% each. It is admitted at the bar that said judgment of this Court has not been further challenged and has already been complied with.

6. Accordingly, this appeal is disposed of reiterating the same ratio of liability between the Appellant and Respondent No.5 and consequently, both the Insurance Companies are directed to pay the compensation amount at 50% ratio each.

7. In the result, the appeal is disposed with a direction to the Appellant-Insurer to deposit its share of compensation amount as determined by the Tribunal within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on same terms and proportion as contained in the impugned judgment. However, penal interest @ 6% as directed by the Tribunal is waived.

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

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

( B.P. Routray) Judge

S.Das