The Manager vs Prasad Singh And Another
2023 Latest Caselaw 4798 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      MACA No.291 of 2022
                 The Manager, Claims, HDFC ERGO
                 General Insurance Company Ltd.            ....           Appellant
                                                        Mr. G.P. Dutta, Advocate
                                            -versus-
                 Prasad Singh and Another                  ....        Respondents



                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

1.5.2023 Order No.

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

2. Heard Mr. G.P. Dutta, learned counsel for the insurer - Appellant. None is present for the Respondents.

3. Present appeal by the insurer - Appellant is directed against the impugned judgment dated 31st March, 2022 of learned 3rd MACT, Bhanjanagar passed in MAC Case No.75 of 2016, wherein compensation to the tune of Rs.30,000/- along with interest @ 6% per annum from the date of filing of the claim application i.e. 17th May 2016 has been granted on account of injuries sustained by the claimant in the motor vehicular accident dated 13th July, 2015.

4. For the reasons stated in the connected appeal, i.e. MACA No.294 of 2022, all such contentions raised by Mr. Dutta are rejected and the right of recovery is extended in favour of the insurer. The amount of compensation is confirmed.

5. In the result the appeal is disposed of with a direction to the insurer - Appellant to deposit the entire compensation amount before the tribunal 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- Respondent on same terms and proportion as contained in the impugned judgment.

6. However the direction of the tribunal for payment of default interest @ 9% is waived.

7. The statutory deposit made by the appellant - insurer before this court along with accrued interest thereof be refunded 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


MANAS KUMAR Digitally signed by MANAS
            KUMAR PANDA

PANDA       Date: 2023.05.01 19:09:21
            +05'30'