Divisional Manager vs Harinandan Mahanta And Others
2024 Latest Caselaw 16544 Ori

Orissa High Court

Divisional Manager vs Harinandan Mahanta And Others on 12 November, 2024

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 13-Nov-2024 19:25:20
                                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      MACA No.152 of 2003

                                Divisional Manager,
                                New India Assurance C. Ltd.               ....        Appellant
                                                                       Mr.G.P.Dutta Advocate

                                                            -versus-

                                Harinandan Mahanta and others         ....     Respondents
                                              Mr.S. Das, Advocate for Respondent No.1 & 2

                                             CORAM:
                                             JUSTICE B. P. ROUTRAY

                                                          ORDER

12.11.2024 Order No.

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

2. Heard Mr.Dutta, learned counsel for the Appellant- Insurer and Mr.Das, learned counsel for claimant-Respondent No.1 and 2.

3. Present appeal by the Insurer is directed against judgment dated 3rd August 2002 of the Member, 3rd MACT, Bhubaneswar in Misc.Case No.183 of 1994, wherein compensation to the tune of Rs.92,000/- has been granted along with interest @9% 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 30th January 1994.

4. Since the liability of the insurer is only questioned on the ground of absence of driving licence on the part of the driver, considering the submissions as well as the grounds raised in the

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 13-Nov-2024 19:25:20 appeal, no merit is seen to interfere with quantification of the compensation amount against the direction of learned Tribunal.

5. Accordingly, the compensation amount is left undisturbed.

6. However, considering the fact that no DL was seized by police and the owner did not appear in the claim application, right of recovery is extended in favour of the Insurer-Appellant for recovery of the compensation amount from the owner in accordance with law.

7. The appeal is accordingly disposed of.

8. The statutory deposit made by the Appellant with accrued interest thereon be refunded to him on proper application and on production of proof of deposit of the award amount before the learned Tribunal.

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

( B.P. Routray) Judge

C.R.Biswal/S.Dash