National Insurance Co. Ltd vs Arati Panigrahi & Ors
2025 Latest Caselaw 2915 Ori

Orissa High Court

National Insurance Co. Ltd vs Arati Panigrahi & Ors on 24 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

       IN THE HIGH COURT OF ORISSA AT CUTTACK
                    MACA No.649 of 2010
National Insurance Co. Ltd.     .....   Appellant
                                                    Mr. N.C. Misra, Advocate
                                   -versus-
Arati Panigrahi & Ors.                .....             Respondents
                                                 Mr. S.K. Pradhan, Advocate
                                                   (Respondent Nos. 1 to 4)
                                                  Mr. D. Mund, Advocate
                                                   (Respondent No. 5)

                    CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
                     ORDER

24.01.2025

Order No. 09 M.C. No. 1189 of 2010

1. This matter is taken up through hybrid mode.

2. Heard learned counsel appearing for the Parties.

3. Considering the grounds taken, delay in filing the appeal is condoned.

4. I.A. stands disposed of.

(BIRAJA PRASANNA SATAPATHY) Judge

1. Heard learned counsel appearing for the Parties.

2. The present appeal has been filed inter alia challenging Judgment dtd.03.04.2010 so passed by the learned Addl. District Judge-cum- MACT, Sambalpur in MAC Case No. 81 of 2010 of 2006-07.

3. Vide the said Judgment the Tribunal has allowed the compensation to the tune of Rs.3,22,000/- along with interest @ 6% payable from the date of application till its realization.

4. It is the main contention of the learned counsel for the Appellant that the policy in question being an act of policy, the Appellant is not liable to pay the compensation so awarded by the Tribunal. It is also contended that since the Claimants were the occupants in the offending vehicle, because of nature of the policy, they are not eligible and entitled to get the compensation as awarded. It is accordingly contended that the impugned Judgment needs interference of this Court.

5. Learned counsel appearing for the Claimant-Respondent Nos. 1 to 4 and Mr. D. Mund, learned counsel appearing for the Owner- Respondent No. 5 on the other hand contended that similar award passed by the self-same Tribunal arising out of the same accident was the subject matter of challenge before this Court in MACA No. 1007 of 2007.

6. This Court vide order dtd.02.09.2022 dismissed the said appeal and after such dismissal of the appeal, the award has been satisfied by the Appellant-Company. It is contended that since similar claim so awarded by the Tribunal after being dismissed by this Court in MACA No. 1007 of 2007 has been complied with, similar nature of challenge made in the present appeal is not entertainable.

7. Mr. Mishra, learned counsel appearing for the Appellant though does not dispute the order passed by this Court in MACA No. 1007 of 2007 arising out of the self-same accident, but contended that the same is not disposed of on merit and it is not binding.

8. Having heard learned counsel appearing for the Parties and considering the submission made, since it is not disputed by the learned counsels appearing for the Parties that similar claim allowed by the Tribunal has been satisfied after dismissal of the appeal by this Court vide order dtd.02.09.2022 in MACA No. 1007 of 2007, this Court following the said order is also not inclined to interfere with the impugned award and dismiss the appeal accordingly. While dismissing the appeal, this Court directs the Appellant to deposit the awarded compensation amount of Rs.3,22,000/- along with interest so awarded within a period of eight (8) weeks from the date of receipt of this order. On such deposit of the amount the same shall be disbursed in favour of the Claimants-Respondents proportionately in terms of the Judgment dtd.03.04.2010.

8.1. However, it is observed that if the amount as directed will not be deposited by the Appellant-Company within the aforesaid time period of eight (8) weeks, the compensation amount of Rs.3,22,000/- shall carry interest @ 7% per annum payable for the period starting from the expiry of the period of eight (8) weeks till its payment. On such deposit of the entire amount as directed, Appellant-Company will be permitted to take refund of the statutory deposit along with accrued interest if any from the Registry on proper identification.

9. The appeal is accordingly disposed of.

                                                               (BIRAJA PRASANNA SATAPATHY)

Digitally Signed                                                            Judge

Designation: Sr. Stenographer  Sneha
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 24-Jan-2025 17:19:47