The Divisional Manager, the Oriental Insurance Co. Ltd. Vs Bhagaban Sahu

3. Considering the grounds taken, the delay in filing the appeal is condoned subject to payment of cost of Rs.500/- to be paid before the Orissa High Court Bar Association Welfare Fund by 27^th December, 2024.

¶15

4. The I.A stands disposed of

¶16

(Biraja Prasanna Satapathy) Judge

¶17

1

¶18

Order No.4 19.12.2024

¶19

MACA NO.51 OF 2020

¶20

1. Heard Mr. S.Roy, learned counsel appearing for the Appellant-company and Mr. P.K. Behera, learned counsel appearing for the claimant-respondent No.1.

¶21

2. The present appeal has been filed by the AppellantCompany inter alia challenging the award so passed by the learned Addl. District Judge-cum-III M.A.C.T, Dharamgarh vide judgment dtd.31.08.2019 in M.A.C. No.40/64 of 20112012. Vide the said judgment, the Tribunal awarded compensation amount of Rs.53,000/- along with interest @ 6% per annum payable from the date of filing of the claim application till its realization.

¶22

3. In support of the appeal, learned counsel for the Appellant-company contended that though no Driving Licence of the Driver of the offending vehicle was produced along with the charge-sheet nor the owner-respondent appeared before the Tribunal, but while disposing the claim application, right of recovery was not allowed. It is contended that the appellantcompany has no grievance with regard to the compensation awarded vide the impugned judgment along with interest, but since no Driving Licence was produced, the Tribunal should have allowed right of recovery against the owner-respondent No.2.

¶23

2

¶24

4. It is found that notice in the I.A was issued on 25.09.2024 by this Court and office note indicates that such a notice was issued to Respondent No.2-owner by Registered Post with A.D. Since A.D has not yet come back, and in the meantime 30 days have elapsed, notice against Respondent No.2 is treated as sufficient.

¶25

5. Having heard learned counsel for the parties and considering the submission made, this Court while disposing the appeal in upholding the award passed by the Tribunal, allows right of recovery as against the Respondent No.2-owner. This Court accordingly directs the appellant-company to deposit the amount as awarded along with interest before the Tribunal within a period of eight (8 ) weeks from the date of receipt of this order.

¶26

5.1. It is observed that on such deposit of the amount, the Tribunal shall do well to disburse the same in favour of the Claimant-Respondent in terms of the judgement passed on 31.08.2019.

¶27

5.2. It is further observed that if the Appellant-Company will fail to deposit the compensation amount within the time stipulated here-in-above, the compensation amount as awarded by the Tribunal shall carry interest @7% per annum payable from the date of expiry of the period of 8 (eight) weeks till it is so deposited.

¶28

5.3. It is further observed that that if any such application is moved for recovery of the amount from the owner-Respondent

¶29

3

¶30

No.2, the Tribunal shall do well to dispose of the same in accordance with law and by giving due opportunity of hearing to the owner-respondent.

¶31

5.4. It is observed that only after deposit of the amount as directed, Appellant-Company shall be permitted to take refund of the statutory deposit along with accrued interest, if any, on proper identification.

¶32

The M.A.C.A is accordingly disposed of.

¶33

(Biraja Prasanna Satapathy) Judge

¶34

sangita

¶35

Signature Not Verified

¶36

Digitally Signed Signed by: SANGITA PATRA Reason: authenticaiton of order Location: high court of orissa, cut tack Date: 23-Dec-2024 13:29:54

¶37

4