Dismissed¶18

Jharana Pramanik v. Divisional Manager, Oriental Insurance Co. Ltd. Balasore

Orissa HC20 Feb 2024WP(C)/38850/2023

Case brief

AI extract

What is this about?

Keywords: W.P.(C) No.38850 of 2023; High Court of Orissa at Cuttack; Justice Sanjay Kumar Mishra; Jharana Pramanik; Sr. Divisional Manager OICL Balasore; M.A.C. Case No.22 of 2022; order dated 11.02.2023; compensation Rs.13,50,000/-; conditional release; modification of Court-below order refused; writ petition dismissed; liberty to apply afresh with sufficient reasons.

What did the court decide?

Before approaching the High Court, the Petitioners did not move the Court below for modification of the conditions imposed in MAC Case No.22 of 2022 with sufficient reason. ¶16

Jharana Pramanik Vs Divisional Manager, Oriental Insurance Co. Ltd. Balasore — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.38850 of 2023

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Jharana Pramanik & …. Petitioners others

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None

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-versus-

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Sr. Divisional Manager, …. Opposite Parties OICL, Balasore & another

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Ms. N. Mohanty, Advocate (For Opposite Party No.1)

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CORAM: JUSTICE SANJAY KUMAR MISHRA ORDER 20.02.2024

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Order No.

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05.

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This matter is taken up through hybrid mode.

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2. Heard Mr. B.M. Sarangi, learned Counsel for the Petitioners so also Ms. N. Mohanty, learned Counsel for Opposite Party No.1 (Insurance Company).

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3. This Writ Petition has been preferred by the Petitioners, who were claimants before the Court below in M.A.C. Case No.22 of 2022, for modification of the order dated 11.02.2023 passed in the said case, vide which a sum of Rs.13,50,000/- was awarded towards compensation in favour of the Petitioners and the Court below passed a conditional order as to release of the said compensation amount of Rs.13,50,000/-.

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4. Learned Counsel for the Petitioners admits that the Petitioner No.1, who is the mother of the minor daughters (Petitioner Nos.2 & 3) has received cash of Rs.3,00,000/and grandfather of the Petitioner Nos.2 & 3 received cash

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amount of Rs.1,50,000/- pursuant to the order dated 11.02.2023 impugned in the present writ petition.

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5. Admittedly, the Petitioners, before approaching this Court, did not move before the Court below for modification of the conditions imposed by the said Court in MAC Case No.22 of 2022 assigning sufficient reason to pray so. Further, from the averments made in the Writ Petition, this Court is not satisfied as to the reasons assigned by the Petitioners seeking modification of the said order dated 11.02.2023.

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6. Hence, this Court is of the view that at this juncture no interference is required, so far as the order dated 11.02.2023 passed by the Court below in MAC Case No.22 of 2022.

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7. Accordingly, the Writ Petition stands dismissed. 8. Needless to mention here that dismissal of the Writ petition shall not preclude the Petitioners to move appropriate application before the Court below at appropriate stage seeking modification of the said order assigning sufficient reasons to pray so. If such an application is filed at appropriate stage, the Court below may consider the said application for modification of conditions imposed by it taking note of the reasons assigned in the said application and do the needful in accordance with law.

Prasant

(S. K. Mishra)

Judge

Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 21-Feb-2024 12:19:46

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Jharana Pramanik v. Divisional Manager, Oriental Insurance Co. Ltd. Balasore

Case brief

What is this about?

What did the court decide?

Jharana Pramanik v. Divisional Manager, Oriental Insurance Co. Ltd. Balasore

Case brief

What is this about?

What did the court decide?

What the court decided

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