Dismissed

B.M.,O.I.Co.Ltd. v. Sanjay Singh

Orissa HC13 Apr 2023MACA/444/2009

Case brief

AI extract

What is this about?

The Bench dismissed the present revisional appeal filed by Oriental Insurance Co. Ltd. against the Motor Accident Claims Tribunal order directing joint liability compensation. The Court declined to interfere as the share of liability was settled via equal division in a connected appeal previously confirmed in Lok Adalat.

What did the court decide?

Appellant directed to deposit its share of compensation including interest with the Tribunal within two months.

B.M.,O.I.Co.Ltd. Vs Sanjay Singh — Motor Accident Claims | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.444 of 2009 …. The Branch Manager, Oriental Appellant Insurance Co. Ltd.

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Ms. S. Gumansingh, Advocate on behalf of Mrs. P. Rath,

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Advocate

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-versus-

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…. Sanjay Singh and others Respondents Mr. N.K. Mohanty, Advocate for Respondent No.3 Ms. A. Rout, Advocate for Respondent No.1

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CORAM: JUSTICE B. P. ROUTRAY

ORDER 13.04.2023

Order No.

Heard Ms. S. Gumansingh on behalf of Mrs. P. Rath, learned counsel for the Appellant-Oriental Insurance Co. Ltd., Ms. A. Rout, learned counsel for the Respondent No.1-claimant and Mr. N.K. Mohanty, learned counsel for Respondent No.3-New India Assurance Co. Ltd.

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Present appeal by Oriental Insurance Co. Ltd. is directed against the judgment dated 7.3.2009 of learned 1^st M.A.C.T., Sundargarh in M.A.C. Case No.242 of 1998, wherein compensation to the tune of Rs.39,000/- has been granted and payable by both Insurance Companies in equal share, along with interest @9% per annum to the claimant from the date of filing of the claim application i.e. 20.7.1998, on account of injury sustained by him in the motor vehicular accident dated 25.10.2007.

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It is seen that the connected appeal, i.e. MACA No.957 of 2009 filed by New India Assurance Co. Ltd. has been disposed of by

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Page 1 of 2

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this Court in the Lok Adalat on 6.12.2014 by confirming the payment directed by learned Tribunal. Realization of the amount in favour of the claimant in the connected appeal is not disputed at the Bar. As such, no further merit is seen in the present appeal since the challenge is mainly on the ground of sharing of negligence between the drivers of both the offending vehicles.

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In the present appeal, considering the measly amount of compensation as directed in the impugned award, which is payable in equal share, and the fact that the award in the connected appeal has been confirmed by this Court in Lok Adalat, I am not inclined to interfere with the impugned award in the present appeal. As such, the appeal is dismissed.

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The Appellant – Insurance Company (Oriental Insurance Co. Ltd.) is directed to deposit his share including interest as directed by learned Tribunal in the impugned award within a period of two months from today, which shall be disbursed in favour of the claimant-Respondent No.1 as per the direction of learned Tribunal.

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On deposit of the award amount before learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the AppellantInsurance Company.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray) Judge

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B.K. Barik

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B.M.,O.I.Co.Ltd. v. Sanjay Singh

Case brief

What is this about?

What did the court decide?

B.M.,O.I.Co.Ltd. v. Sanjay Singh

Case brief

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What did the court decide?

What the court decided

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