Branch Manager vs Jambati Nayak And Another
2023 Latest Caselaw 1349 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   MACA No.991 of 2018

            Branch Manager, Magma HDI                  ....           Appellant
            General Insurance Company Limited
                                                    Mr. G.P. Dutta, Advocate
                                      -versus-
            Jambati Nayak and another              ....       Respondents
                           Mr. S.C. Mishra, Advocate for Respondent No.2

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

08.02.2023 Order No.

10. 1. Heard Mr. G.P. Dutta, learned counsel for the Appellant-

Insurance Company and Mr. S.C. Mishra, learned counsel for the Respondent No.2-owner.

2. Present appeal by the insurer is directed against the judgment dated 27.10.2017 of the learned 1st MACT, Nabarangpur in M.A.C. No.1 of 2017, wherein the learned Tribunal has granted compensation to the tune of Rs.10,000/- along with simple interest @7.5% per annum to the claimant from the date of filing of the claim application, i.e.2.1.2017 on account of injuries sustained by her in the motor vehicular accident dated 27.5.2016.

3. Keeping in view the lesser amount of compensation, which is only Rs.10,000/-, I am not inclined to interfere with the impugned award at the instance of the insurance company.

4. Accordingly, the appeal is dismissed.

5. However, 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.

( B.P. Routray) Judge

B.K. Barik