High CourtsSingle Bench(2023) 05 OHC CK 0240

Binod Das vs Divisional Manager, National Insurance Co.Ltd & Anr

Orissa High Court · Decided on 17 May 2023

HON’BLE JUDGES
B.P. Routray, J
RESULT
Disposed Of
CASE NUMBER
MACA No.384 Of 2007

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Judgment

10 paragraphs · 288 words

B. P. Routray, J

I.A. No. 477 & 476 of 2023

1.The matter is taken up through Hybrid mode.

2.

Heard Mr.Mohapatra, learned counsel for the Appellant and Mr.Prakash, learned counsel for the Insurer-Respondent No.1.

3.

The injured filed the appeal in the year 2007 with a prayer for enhancement of compensation amount in his favour. The Tribunal had directed for payment of Rs.4,000/- along with interest @6% per annum on account of injuries sustained by him. This Court by order dated 27th January, 2016 disposed of the appeal with a direction to the insurance company to pay a further consolidated amount of Rs.10,000/-. But unfortunately none of the amounts as directed by the Tribunal and by this Court have been paid till date. In the meantime, the poor Claimant died on 15th February, 2022 waiting for legitimate compensation amount.

4.

The son of the original Claimant has now filed present interim applications praying for release of the amounts.

5.

It is a very sorry state of affairs on the part of the insurance company not to pay such meager compensation amount for years together and compelled poor Claimant to approach this Court again and again. In the circumstances, the Respondent No.1-Insurance company i.e. Divisional Manager, National Insurance Co. Ltd, Cuttack is directed to prepare the Cheque with due amount in the name of the widow, namely Pravati Das, by tomorrow.

6.

List this matter on 19th May, 2023 and the Respondent No.1 is directed to present the Cheque before this Court, to be paid to the widow.

7.

A copy of this order be served on learned counsel for the Respondent No.1 as well as Mr. P.K. Mahali, who usually appears for National Insurance Co. Ltd.

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