Divisional Manager vs Chaturbhuja @ Manas Mohanty And
2023 Latest Caselaw 1635 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MACA No.573 of 2012
                 Divisional Manager, M/s. New India
                 Assurance Company Ltd.                   ....          Appellant
                                                       Mr. G.P. Dutta, Advocate
                                            -versus-
                 Chaturbhuja @ Manas Mohanty and          ....        Respondents
                 Another

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                         ORDER

21.2.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant. No-one entered appearance for claimant - Respondent No.1 despite sufficiency of service of notice on him.

3. Present appeal by the insurer is directed against impugned common judgment dated 21st March, 2012 of learned 1st MACT, Dhenkanal passed in MAC No.271 and 273 of 2001. Present appeal is in respect of MAC No.273 of 2001, wherein compensation to the tune of Rs.35,000/- along with interest @ 6% per annum from the date of filing of the claim application, 15th November, 2001 has been granted on account of injuries sustained by the injured -claimant in the motor vehicular accident dated 23rd August, 2001.

4. Upon hearing Mr. Dutta, learned counsel for the Appellant and particularly keeping in view the measly amount of Rs.35,000/-

granted as compensation, where the tribunal has also granted right of recovery in favour of the insurance company, I do not see any reason to interfere with the impugned award. As such, the appeal is dismissed.

5. The insurer - Appellant is directed to deposit before the tribunal the entire compensation amount along with interest as per its direction within a period of two months from today, where-after the same shall be disbursed in favour of the injured claimant.

6. 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.

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

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