ORIENTAL INSURANCE CO LTD , MARGAO BRANCH, MARGAO, GOA Vs. DALMIA RESORT INTERNATIONAL PRIVATE LIMITED, KALGAN BUNGALOW, AQUEM, MARGAO, GOA

JUDGEMENT

(1.) Heard Shri E. Afonso, learned counsel on behalf of the appellant and Shri Lobo on behalf of the respondent no. 1.

(2.) This appeal was filed by the Insurer of vehicle No. GA02-T-4013 which was involved in an accident with pick up No. GA02-T-5622 driven by the claimant who by virtue of order dated 21. 9. 1999 was ordered to be paid a compensation of Rs. 37,725. 70 with interest at the rate of 12% per annum from 16. 11. 1993.

(3.) The statement made by Shri Lobo is accepted. Since the appellant/insurer has discharged his liability under the policy as per the plea taken by it and the award is otherwise has been satisfied by the owner by payment of the entire compensation awarded to the said claimant without reserving any right to recover the same from the insurer regarding which there is no dispute, nothing survives in the present appeal and therefore, the same is bound to be disposed of as infructuous. Order accordingly.