Sitakantha Nayak & Ors vs Debasis Mallick And Another
2023 Latest Caselaw 1382 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  MACA No.734 of 2018

            Sitakantha Nayak & Ors.
                                                       ....        Appellants
                                                      Mr.A.K.Otta, Advocate

                                         -versus-

            Debasis Mallick and another            ....      Respondents
                             Mr.N.B.Das, Advocate for Respondent No. 2


                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

09.02.2023 Order No.

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

2. Heard Mr. Otta, learned counsel for the Appellant and Mr. Das, learned counsel for Insurer-Respondent No.2.

3. Present appeal by the Claimant is directed against judgment dated 20th June, 2018 of 1st Additional District Judge- cum-1st M.A.C.T., Cuttack in MAC No.959 of 2015, wherein compensation to the tune of Rs.7,86,000/- 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 the motor vehicular accident on 9th August, 2015.

4. The only dispute remains with liability of the insurance company to indemnify the compensation amount. The Tribunal has directed the owner of the offending vehicle, i.e. Bajaj Pulsar

motor-cycle bearing registration No.OD-05-P-2383 to pay the compensation.

5. Mr.Das, learned counsel for the Insurer-Respondent No.2 fairly concedes in course of hearing that he has received instruction with verification that the offending vehicle was validly insured with them on the date of accident. As such, no further dispute remains with regard to liability on the insurance company.

6. In the result, the appeal is disposed of with a direction to the Insurer-Respondent No.2 to pay the entire compensation amount as directed by the Tribunal in the impugned judgment including interest from the date of filing of the claim application, 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. However, the penal interest of 12%, as directed by the Tribunal, is waived.

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

( B.P. Routray) Judge

S.Das