IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.550 of 2009 Divisional Manager, New India Assurance Co. Ltd. …. Appellant Mr. N.B. Das, Advocate -versus- Bhimsen Sahoo & another …. Respondents CORAM: JUSTICE V. NARASINGH Order No. ORDER 22.07.2025 21. I.A No.1787 of 2009 1. This is an application for condonation of delay in filing the appeal. 2. Taking into account the recitals in the I.A and the submissions made, the delay in filing the appeal is condoned. 3. The I.A is accordingly disposed of. (V. NARASINGH) Judge 22. MACA No.550 of 2009 1. Assailing the judgment and award dated 20.01.2009 passed by the learned 3rd M.A.C.T., Rourkela in MAC Case No.126 of 1994 directing the Appellant to pay a compensation of Rs.1,32,000/- on account of the death of the deceased Mitu @ Amulya Kumar Sahoo, the present MACA has been filed. 2. After threadbare discussion of the evidence on record, learned Tribunal by judgment dated 20.01.2009 awarded Rs.1,32,000/- as noted above. Assailing the same, the present appeal has been preferred. 3. It is submitted by the learned counsel for the Insurance Company referring to the grounds taken that the basis of award of compensation is not cogent and the same is based on surmises and conjectures. As such the same is liable to be interfered with. 4. It is further submitted that since extra premium has not been paid for the pillion rider, the Insurance Company is not at all liable for payment of compensation. Learned Tribunal on the basis of the evidence on record had come to a finding that Respondent No.1 owner of the offending vehicle was riding the same without a valid driving licence and referring to the same, awarded the compensation and given right of recovery to the Insurance Company. 5. On a conspectus of the evidence on record, this Court does not find any infirmity in the order passed by the learned Tribunal. The Insurance Company is at liberty to pursue the remedy as available under law against the owner of the owner of the offending vehicle as directed. 6. Statutory deposit along with accrued interest be refunded to the learned counsel for the Insurance Company on proper application. 7. The MACA is accordingly disposed of. (V. NARASINGH) Judge PKS