Research › Search › Judgment

Orissa High Court · body

2016 DIGILAW 471 (ORI)

BRANCH MANAGER, THE UNITED INDIAN INSURANCE CO. LTD. v. KRUSHNA PAIK

2016-06-29

S.C.PARIJA

body2016
ORDER S.C. Parija, J. - Heard Shri P. K. Mahali, advocate appearing on behalf of Mr. M. Sinha, learned counsel for the appellant and Shri B. Sahoo, learned counsel for the claimants-respondent Nos. 1 and 2. 2. This appeal by the appellant-Insurance Company is directed against the judgment/award dated 18.11.2009, passed by the learned 2nd Motor Accident Claims Tribunal, Northern Division, Sambalpur, in Misc.(A) Case No. 273 of 2003(S), awarding an amount of Rs. 1,50,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim application, till payment. 3. Learned Counsel for the appellant-Insurance Company submits that earlier the present claimants had filed a claim application before the learned Tribunal, which was registered as Misc.(A) Case No. 74 of 1999(S). The said claim application was disposed of vide judgment/award dated 30.09.2000, holding that the claimants were not entitled to any compensation. It is submitted that instead of assailing the said award in appeal. The claimants filed the present claim application, i.e. Misc.(A) Case No. 273 of 2003(S), which has been disposed of by the learned Tribunal by passing the impugned award. It is submitted that the award passed in the earlier claim application having not bee assailed in appeal, the subsequent claim application filed by the claimants was not maintainable, as the same was hit by the principles of res judicata. 4. On a perusal of the records, it is seen that the claimants had earlier filed Misc.(A) Case No. 74 of 1999(S), which was disposed of by the learned Tribunal vide judgment/award dated 30.9.2000, holding that the claimants were not entitled to any compensation and accordingly passed nil award. After lapse of three years, the claimants have filed the present claim application, in which the impugned award has been passed. 5. As the subsequent claim application is not maintainable, being hit by the principles of res judicata, the appeal is allowed and the impugned award is set aside. The claim application is accordingly dismissed. 6. The statutory amount deposited in the Registry of this Court along with the accrued interest thereon be refunded to the appellant-Insurance Company forthwith. 7. Issue urgent certified copy as per rules. Final Result : Dismissed