The Branch Manager vs Dhananjaya Sahu And Another
2023 Latest Caselaw 1831 Ori

                         IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       MACA No.314 of 2022
                 The Branch Manager, New India            ....        Appellants
                 Insurance Co. Ltd. and another
                                                 Mr. G.C. Samantaray, Advocate
                                            -versus-
                 Dhananjaya Sahu and another              ....      Respondents
                                     Mr. J. Sahu, Advocate for Respondent No.1
            .



                             CORAM:
                             JUSTICE B. P. ROUTRAY
                                           ORDER

28.02.2023 Order No.

06. 1. Heard Mr. G.C. Samantaray, learned counsel for the Appellants-Insurance Company and Mr. J. Sahu, learned counsel for Respondent No.1-claimant.

2. Present appeal by the insurer is directed against judgment dated 18.01.2022 of learned M.A.C.T.-(V), Balangir in M.A.C. Case No.28/52 of 2014-17, wherein compensation to the tune of Rs.1,47,925/- has been granted along with interest @6% per annum to the claimant from the date of filing of the claim application, i.e. 10.03.2014 on account of injury sustained by him in the motor vehicular accident dated 23.12.2013.

3. It is submitted by Mr. G.C. Samantaray, learned counsel, on behalf of the Appellant that the driver of the offending vehicle, i.e. Chevrolet Tavera bearing Registration No.OR-02-AS-0109 did not have valid driving license as he was possessing a fake driving license.

4. Upon hearing both the parties and perusal of the impugned award, it reveals that nothing has come on record regarding knowledge of the owner of the offending vehicle regarding possession of fake driving license by his driver. Nothing is also there on record to suggest about competency of a driver to drive the vehicle. As such, the direction of the learned Tribunal to the Insurance Company to indemnify the compensation amount is confirmed. However, the Appellants-insurer is granted liberty to recover the amount of compensation from the owner in accordance with law.

5. In the result, the appeal is disposed of with a direction to the Appellant-Insurance Company to deposit entire compensation amount as directed by learned Tribunal within a period of two months before it including the interest, where-after the same shall be disbursed in favour of the claimant-Respondent No.1 on same terms and proportion as contained in the impugned judgment.

6. On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellants- Insurance Company.

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

( B.P. Routray) Judge B.K. Barik