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IN THE HIGH COURT OF ORISSA AT CUTTACK
B. P. ROUTRAY, J
Manager, ICICI Bank Ltd. – Appellant
Versus
G. Mangulu Patro – Respondent
| Table of Content |
|---|
| 1. insurer's appeal against compensation granted by m.a.c.t. (Para 1 , 2) |
| 2. definition of vehicle owner under motor vehicles act. (Para 3 , 4 , 7) |
| 3. responses regarding liability and compensation. (Para 5 , 6) |
| 4. court's interpretation of ownership and liability. (Para 9) |
| 5. modification of compensation payment order. (Para 10 , 11 , 12) |
JUDGMENT
1" August, 2022
B.P. Routray, J.
1. Present appeal by the insurer is directed against the judgment dated 21 February, 2018 passed by the learned 2™ 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,
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