Manager Legal, On Behalf Of Icici Bank, Bhubaneswar v. Gananath Mahapatra

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.568 of 2019 Manager Legal, ICICI Bank, Bhubaneswar Branch, Bhubaneswar ....

Appellant Mr. B.B. Mishra, Advocate -versusGananath Mahapatra and another ....

Respondents Dr. T.C. Mohanty, Senior Advocate for Respondent No.1 .

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

25.11.2022 Order No.

I.A. No.1051 of 2019 05.

1. Since the statutory amount has been deposited, the I.A. is disposed of.

MACA No.568 of 2019

2. Heard Mr. B.B. Mishra, learned counsel for the Appellant as well as Dr. T.C. Mohanty, learned Senior Advocate for the Respondent No.1.

3. Present appeal by the insurer is directed against the judgment dated 27.06.2019 of learned 6th M.A.C.T., Khurda in M.A.C.T. Case No.97/2010, wherein compensation to the tune of Rs.7,68,000/- has been granted along with interest @6% per annum to the claimant from the date of filing of the claim application, i.e. 08.10.2010 on account of injury sustained by him in the motor vehicular accident dated 27.05.2007.

4. The Appellant-ICICI Bank is the financier of the offending vehicle, i.e. Maruti Car bearing Registration No.OR-02-T-9747.

5. Mr. B.B. Mishra, learned counsel submits on behalf of the Appellant that the Appellant is not the registered owner of the offending vehicle, but the financier only and therefore, cannot be fastened with the liability to pay the compensation. According to him, one Naresh Pattanaik was the owner of the offending vehicle on the date of accident and in his absence, the claim application is not maintainable.

6. In view of the decision rendered by this Court in the separate appeal, i.e. MACA No.557 of 2019 arising out of the same accident, no merit is found in the present appeal and the entire contention of Mr. Mishra, learned counsel for the Appellant is rejected in terms of the reasons discussed in the separate judgment passed in MACA No.557 of 2019.

7. There being no other dispute raised, either regarding negligence on the part of the driver or with regard to quantification of the compensation amount, no merit is seen in the appeal.

8. In the result, the appeal is dismissed and the Appellant is directed to deposit the entire compensation amount along with interest before the learned Tribunal as per its direction within a period of two months from today; where-after the same shall be disbursed in favour of the claimant on same terms and proportion as contained in the impugned judgment.

9. 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.

( B.P. Routray) Judge B.K. Barik