Oriental Insurance Company Ltd vs Ranjan Bhoi And Others
2023 Latest Caselaw 1292 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.1180 of 2018
                 Oriental Insurance Company Ltd.,
                 represented through its Divisional        ....         Appellants
                 Manager, Sambalpur and Another
                                                       Mr. A.A. Khan, Advocate
                                            -versus-
                 Ranjan Bhoi and Others                    ....       Respondents
                                 Mr. S.K. Acharya, counsel for Respondent No.1

                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

7.2.2023 Order No.

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

2. Heard Mr. A.A. Khan, learned counsel for the insurer - Appellant and Mr. S.K. Acharya, learned counsel for claimant - Respondents.

3. Present appeal by the insurer is directed against impugned judgment dated 7th May, 2018 of learned District Judge-cum-MACT, Bargarh passed in MAC No.78/11 of 2011, wherein compensation to the tune of Rs.25,000/- along with interest @ 7% per annum from the date of filing of the claim application, i.e. 18th August, 2011 has been granted on account of injuries sustained by the injured - claimant in the motor vehicular accident dated 28th June, 2011.

4. Upon hearing both parties and considering the submissions, the appeal is disposed of with a direction to the Appellant-insurer to deposit the entire compensation of Rs.25,000/- (twenty five thousand) before the tribunal along with interest @ 6% per annum from the date of filing of the claim application, i.e. 18th August, 2011, within a period of two months from today; where-after the same shall be disbursed in favour of the claimant - Respondent No.1. However, as prayed on behalf of the Appellant, it is open for the insurer to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner.

5. The statutory deposit made by the insurer - Appellant before this court along with accrued interest be refunded to the Appellant on proper application and on production of proof of deposit of the awarded amount before the tribunal.

6. An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge M.K.Panda