Divisional Manager,Oriental Insurance Co.Ltd. v. Kasturi Das

IN THE HIGH COURT OF ORISSA AT CUTTACK

MACA No.599 of 2019 ....

Appellant The Divisional Manager, Oriental Insurance Co. Ltd.

Mr. P.K. Mahali,, Advocate -versusKasturi Das and others ....

Respondents Mr. P.K. Mishra, Advocate for Respondent Nos.1 to 4

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

29.08.2022 Order No.

I.A. No.871 of 2022 07.

1. Heard Mr. P.K. Mahali, learned counsel for the AppellantInsurance Company and Mr. P.K. Mishra, learned counsel for the Respondent Nos.1 to 4-claimants.

2. It is submitted on behalf of the Appellant that though the appeal was disposed of on 28.07.2022, but right of recovery has not been granted as the offending bus had no valid permit on the date of accident.

3. Upon hearing both the parties, a new paragraph as 9-A is added after paragraph 9 of the said order, which reads as follows:- "However, as prayed on behalf of the Appellant, it is open for him to seek such right of recovery, if recoverable, from the owner of the vehicle in accordance with law after affording opportunity of hearing to the owner as the offending Bus allegedly had no valid permit on the date of accident."

4. The I.A. is disposed of.

5. An urgent certified copy of this order be granted on proper application.

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