Page 1 of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK MACA No.140 of 2008 The Divisional Manager, New India Assurance Co.Ltd. …. Appellant Mr.S.K.Sarangi, Advocate -versus- Jhumur Padhy & Ors. …. Respondents Mr.A.K.Sarangi, Advocate for R.4 CORAM: JUSTICE B. P. ROUTRAY ORDER 28.11.2024 I.A. Nos.11 and 12 of 2017 Order No. 23. 1. The matter is taken up through Hybrid mode. 2. Heard Mr.S.K.Sarangi, learned counsel for the Appellant and Mr.A.K.Sarangi, learned counsel for Respondent No.4. 3. Respondent No.4, the owner of the offending vehicle has filed present two interim applications praying for recalling of order dated 5th December 2008 of this Court. 4. Respondent No.4 seeks recall of direction of this Court with regard to the observation given towards last portion of the order, to the effect that the Appellant-Insurance Company is at liberty to seek recovery of the compensation amount from the owner in terms of the direction of learned Tribunal. Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Nov-2024 19:05:52 Signature Not Verified Page 2 of 2 5. As it is seen from the impugned award that the Tribunal has observed to the effect that “….. which would be indemnified by Opposite Party No.2 having right to recover the compensation amount in case they found that Opposite Party No.1, the insured has committed breach of the terms and conditions of the insurance policy”. 6. Therefore, the contention made on behalf of the owner at this stage that the right of recovery granted in favour of the Insurer has been passed behind back of the owner without being directed as such by the Tribunal, is found without any merit. 7. Accordingly, both the interim applications are dismissed. (B.P. Routray) Judge S.Das Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 28-Nov-2024 19:05:52 Signature Not Verified