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2022 Supreme(Ori) 182

B.P.ROUTRAY
Manager, ICICI Bank Ltd. , Dharmanagar, Berhampur, Dist. - Ganjam – Appellant
Versus
G. Mangulu Patro – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N.K. Dash, Advocate
For the Respondent:Mr. P.K. Mishra, Advocate

JUDGMENT :

B.P. Routray, J.

1. Present appeal by the insurer is directed against the judgment dated 21st February, 2018 passed by the learned 2nd M.A.C.T. (Southern Division), Berhampur, Ganjam in M.A.C. Case No.69/2010 (284/2008-GDC) wherein compensation to the tune of Rs.2,00,000/-has been granted along with simple interest @6% per annum from the date of filing of the claim application, i.e.24.10.2008 to the minor daughter of the claimant due to the motor vehicular accident dated 7.1.2008.

2. Since the vehicle was not insured, the learned Tribunal while directing for payment of compensation by present Appellant, i.e. Manager, ICICI Bank Ltd., Dharmanagar, Berhampur has granted liberty to the Bank to realize such amount from the Respondent No.2-owner of the offending motorcycle bearing Registration No.OR-07-N-1942, namely, Surendra Patro.

3. Admittedly the offending vehicle was hypothecated to the present Appellant at the time of purchase and continued to be so on the date of accident, as the financier.

4. Learned counsel for the Appellant submitted that in view of clear definition of ‘owner’ of the motor vehicle, the financier cannot be held liable for payment of compensation. But the

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