National Insurance Co vs Bhagabati Challan And
2025 Latest Caselaw 2675 Ori

Orissa High Court

National Insurance Co vs Bhagabati Challan And on 16 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            MACA No.1033 of 2018


        National Insurance Co.
        Ltd.                                 ....                    Appellant
                                                      Mr. G. Mishra, Advocate
                                          -versus-
        Bhagabati Challan and
        Others                               ....                  Respondents
                                                     Mr. P.K. Behera, Advocate
                                                            for R-1 to 4
                             CORAM:
                  JUSTICE BIRAJA PRASANNA SATAPATHY
                                            ORDER

16.01.2025 I.A. No.3075 of 2024 Order No.

08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard.

3. This application has been filed seeking modification of order dated 12.12.2024.

4. It is contended that by the time the appeal was disposed of by this Court vide order dated 12.12.2024, Respondent No.5/Mother of the deceased had died on 11.09.2019. But the said fact could not be brought to the notice of this Court. Accordingly, Respondent No.5 became entitled to get the benefit of her part of the compensation along with other Claimants-Respondents.

// 2 //

4.1. However, it is contended that since Respondent No.5 who happens to be the mother of the deceased had died on 11.09.2019, the share as due to her be distributed in favour of other claimants proportionately in terms of the judgment dated 24.07.2018.

5. Learned counsel for the Appellant-Company has no serious objection to the submissions made by learned counsel appearing for the Claimants-Respondents.

6. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the I.A., directs the Tribunal to disburse the share of Respondent No.5 as due and admissible in favour of the other claimants-respondents proportionately in terms of the judgment dated 24.07.2018.

7. I.A. stands disposed of.

(Biraja Prasanna Satapathy) Judge

Basudev

Location: High Court of Orissa, Cuttack