The Divisional Manager, National Insurance Co. Ltd. v. Sunil Majhi & Anr. 21 mar 2022

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.253 of 2019 

The Divisional Manager, National  Insurance Co. Ltd. 

-versus 

…. Appellant Mr. P.K. Panda, Advocate 

Sunil Majhi and another …. Respondents Mr. P.K. Mishra, Advocate for Respondent No.1  

 CORAM: 

 JUSTICE B. P. ROUTRAY 

ORDER 

21.03.2022 

Order No. 

 05. 1. Heard Mr. P.K. Panda, learned counsel for the Appellant Insurance Company as well as Mr. P.K. Mishra, learned counsel  for the Respondent No.-claimant.  

2. Present appeal by the insurer is directed against the common  judgment dated 7.9.2018 of learned 1^st MACT, Keonjhar in MAC  Case No.156/2017 and MAC Case No.157/2017. The present  appeal is in respect of MAC Case No.156/2017 wherein learned 

Tribunal has granted compensation to the tune of Rs.65,000/- along with 7% interest per annum to the claimant from the date of  filing of the claim application, i.e.21.7.2017 on account of injury  sustained by the claimant in the motor vehicular accident dated  30.4.2017. 

3. It is contended on behalf of the Appellant that the accused, who  was the driver of the motorcycle bearing Regd. No.OD-09-F-

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6157 is a habitual offender of causing road traffic accident and  two other cases against him is pending at Keonjhar and Cuttack.  Therefore, the claim of the present claimant to get compensation  on account of injury sustained in the alleged motor vehicular  accident is not tenable in the eye of law. 

4. This contention of the Appellant is rejected out-right since no  evidence with regard to such contention has been brought before  the learned Tribunal. Secondly, no logic is there in the contention  of the Appellant that because the accused is involved in more  than one accident at different points of time, the claim of  compensation contemplated under Sec.166 of the M.V. Act  would be nullified on that ground. 

5. In the result, the appeal is dismissed and the Appellant Insurance Company is directed to deposit the entire award  amount along with interest in terms of directions of the Tribunal  within a period of two months from today which shall be  disbursed in favour of the claimant. 

6. On deposit of the award amount before the 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 

Appellant-Insurance Company. 

 ( B.P. Routray) 

 Judge 

B.K. Barik

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