Branch Manager vs Sansai Gouda And Others
2023 Latest Caselaw 13507 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P.(C) No.581 of 2017

Branch Manager, M/s New Indian           .....                                            Petitioner
Assurance Co. Ltd, Jeypore
                                                                   Mr. S. Satapathy, Advocate

                                         Vs.

Sansai Gouda and others                  .....                                    Opposite Parties

                       CORAM: JUSTICE SANJAY KUMAR MISHRA

                                                  ORDER

01.11.2023 Order No. The matter is taken up through hybrid mode.

2.

2. Heard Mr. Satapathy, learned Counsel for the Petitioner.

3. The judgment dated 09.11.2016 passed in MAC Case No.43 of 2015 is under challenge. Learned Counsel for the Petitioner submits, the present Opposite Party No.1 was a passenger in the truck bearing Registration No.OR-24-6111 along with many others, for which the Tribunal, though awarded a compensation of Rs.5,000/- with simple interest @ 7% from the date of Application i.e. 02.11.2015, till its realization, but gave a right to recover the awarded amount from the owner i.e. present Opposite Party No.2, in terms of the provision under Section 149 of the M.V. Act.

4. It is ascertained that in a similar case i.e. W.P.(C) No.11638 of 2016, which is pertaining to the same accident and was preferred by the Petitioner Company , was disposed of on 19.08.2016 with the following observation:

" Heard the learned counsel for the parties.

The petitioner has filed this application challenging the judgment and award dated 30.04 .2016 passed by learned District Judge- cum- 1st M.A.C.T., Nabarangpur in M.A.C. No. 44 of 2015, whereby the Insurance Company was directed to pay compensation of Rs. 5,000/- to the claimant within a period of three months along

with simple interest at the rate 6% per annum from the date of application, i.e., 02.11.2015 till its payment. Since a meager amount is involved, this Court is not inclined to interfere with the impugned judgment. The writ application is accordingly disposed of. However, the disposal of this writ petition is not a bar to the appellant to raise any question before the appropriate forum, if it is so advised."

4. Accordingly, the Writ Petition stands disposed of in terms of the Order dated 19.08.2016 passed in W.P.(C) No.11638 of 2016.

padma (S.K. MISHRA) JUDGE

Signature Not Verified Digitally Signed Signed by: PADMA CHARAN DASH Designation: Personal Assistant Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 03-Nov-2023 11:51:42