AI Structured Summary
Not yet generated for this judgment
Judgment
B. P. Routray, J
On the consent of the parties, the matter is taken up for hearing.
Heard Mr. G.P. Dutta, learned counsel for the Appellant-Insurance Company, Mr. B.K. Rout, learned counsel for the claimants-Respondents and Miss S. Devi, learned counsel for the Respondent No.5.
In course of hearing, it is brought to the notice of the Court that in the independent appeal preferred by Respondent No.5-New India Assurance Co. Ltd. in MACA No.551 of 2013 and other connected appeals, this Court has confirmed the award of the learned Tribunal by dismissing the appeal. Said MACA No.551 of 2013 and other connected appeals are arising out of the same award wherein the contributory negligence on the part of the said Insurance Company (Respondent No.5) was also questioned.
Thus no merit is seen in the present appeal to be entertained. Accordingly, the same is dismissed.
The Insurance Company is directed to deposit the entire award amount along with interest as awarded before the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimants on the same proportion and terms as directed by the learned Tribunal.
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.
An urgent certified copy of this order be granted on proper application..
......................................