The Divisional Manager,I.C.I.C.I Lombard General Insurance Company Vs Santanu Kumar Sahu — Orissa HC (2024) — LawSathi Research

The Divisional Manager,I.C.I.C.I Lombard General Insurance Company Vs Santanu Kumar Sahu — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Both appeals disposed of: compensation enhanced to Rs.1,40,000/- with interest @6% per annum from the date of filing of the claim application, to be deposited by the Insurer within two months and disbursed to the claimant on terms and proportion fixed by the Tribunal; Insurer permitted to proceed in accordance with law for recovery of the compensation from the owner on its no-valid-permit contention; statutory deposit made in MACA No.590 of 2015 with accrued interest to be refunded on proper application and proof of deposit of the award amount before the Tribunal.

Issue for consideration

Whether the compensation awarded to the injured claimant by the Tribunal (Rs.80,000/- with 6% interest) requires enhancement, and if so, to what extent. +1 more

Court's answer

Enhanced compensation fixed at Rs.1,40,000/- along with interest @6% per annum from the date of filing of the claim application; the Insurer directed to deposit it within two months, for disbursement to the claimant on terms and proportion to be fixed by the Tribunal.

Ratio / Principle

On the Insurer's contention that the offending vehicle had no valid permit on the date of accident, the Insurer is permitted to proceed in accordance with law for recovery of the compensation amount from the owner; the permit question itself was not adjudicated.

Detailed headnote1 paragraphs

Cross-appeals by the Insurer (ICICI Lombard) and the injured claimant against a 2014 award of the IIIrd M.A.C.T., Bhanjanagar (M.A.C.144/2007) granting Rs.80,000/- with 6% interest for injuries in a motor vehicular accident dated 22 November 2006 were disposed of. On a proposal made in course of hearing, accepted by the claimant's counsel and not objected to by the Insurer's counsel, compensation was enhanced to Rs.1,40,000/- with interest @6% per annum from the date of filing of the claim application, payable by the Insurer within two months and disbursable on terms fixed by the Tribunal. In view of the Insurer's contention that the offending vehicle had no valid permit on the date of accident, the Insurer was permitted to proceed in accordance with law for recovery of the compensation amount from the owner. The statutory deposit in MACA No.590 of 2015 was ordered to be refunded with accrued interest.

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.590 of 2015 & MACA No.384 of 2015

MACA No.590 of 2015 The Divisional Manager, ICICI Lombard General Insurance Company

…. Appellant

Mr.A.A.Khan, Advocate

-versus-

Sasntanu Kumar Sahu and another …. Respondents Mr.P.C.Pattnaik, Advocate for Respondent No.1

AND

MACA No.384 of 2015 Santanu Kumar Sahu

…. Appellant

Mr.P.C.Pattnaik, Advocate

-versus-

Satyanaayan Bisoye and another …. Respondents Mr.A.A.Khan, Advocate for Respondent No.2

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

13.12.2024

Order No.

The matter is taken up through Hybrid mode.

Heard Mr.Khan, learned counsel for the Insurer and Mr.Pattnaik, learned counsel for the Claimant.

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Both the appeals arise out of same judgment dated 22^nd December, 2014 passed by the learned IIIrd M.A.C.T., Bhanjanagar, in M.A.C.144/2007, wherein compensation to tune of Rs.80,000/- along with interest @6% per annum has been granted from the date of filing of the claim application on account of injury sustained by the claimant in the motor vehicular accident dated 22^nd November 2006.

MACA No.590 of 2015 has been filed by the Insurer challenging the award and MACA No.384 of 2015 has been filed by the injured-claimant for enhancement of the compensation amount.

Upon hearing both parties and considering all such grounds advanced in both the appeals, an enhanced compensation of Rs.1,40,000/- along with interest @6% per annum is proposed to the parties in course of hearing. This is agreed by Mr.Pattnaik, learned counsel for the claimant. Mr.Khan, learned counsel for the Insurer leaves it to the discretion of the Court. As such, the amount is fixed to that extent.

In the result, both the appeals are disposed of with a direction to the Insurer to deposit the enhanced compensation of Rs.1,40,000/- (One lakh forty thousand) along with interest @6% per annum from the date of filing of the claim application within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on such terms and proportion to be fixed by the Tribunal.

Since it is contended by the Insurer-Appellant that the offending vehicle did not have valid permit on the date of

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accident, the Insurer is permitted to proceed in accordance with law for recovery of compensation amount from the owner.

The statutory deposit made by the Appellant in MACA No.590 of 2015 along 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.

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

( B.P. Routray) Judge

Himansu

Signature Not Verified

Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 13-Dec-2024 17:29:22

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