B.M.,I.C.I.C.I. Lomb. vs Ganesh Lakhua
2013 Latest Caselaw 3657 Del

                                       M.A.C.A. No.252 of 2013

04.   21.08.2013               Heard learned counsel for the parties.
                               This    appeal    by   the   Insurance   Company    is
                   directed against the judgment dated 01.02.2013, passed by
                   the IIIrd Motor Accident Claims Tribunal, Rourkela, in M.A.C.
                   Case No.308 of 2009, awarding an amount of Rs.2,55,000/-
                   as compensation along with interest @ 6% per annum from
                   the date of filing of the claim application, till payment.

                               Considering the grounds taken in the appeal and
                   the submissions made by learned counsel for the parties and
                   keeping in view the findings of the learned Tribunal as given
                   in the impugned award with regard to the quantum of
                   compensation amount awarded and the basis on which the
                   same has been arrived at, I feel, the interest of justice
                   would be best served if the awarded compensation amount
                   of Rs.2,55,000/- is modified and reduced to Rs.1,75,000/-
                   (Rupees One lakh Fifty thousand), which is payable to the
                   claimants   along   with     interest    @6%   per   annum.   The
                   impugned award is modified to the said extent.

                               The appellant-Insurance Company is directed to
                   deposit the modified compensation amount of Rs.1,75,000/-
                   (Rupees One lakh seventy five thousand) along with interest
                   @6% per annum, from the date of filing of claim application
                   with the learned Tribunal within six weeks hence.

                               As     the   appellant-Insurance     Company       has
                   deposited Rs.50,000/- before the learned Tribunal as interim
                   compensation, which has already been disbursed to the
                   claimants, they are directed to deposit the balance modified
       amount of Rs.1,25,000/- (Rupees One lakh twenty five
      thousand) along with interest from the date of filing of the
      claim application. On deposit of the said amount, the same
      shall be disbursed to the claimants proportionately as per
      the direction of the learned Tribunal given in the impugned
      award.

                 It is open for the petitioner to seek recovery of
      the compensation amount, as had been directed by the
      learned Tribunal in the impugned award.

                 The statutory amount deposited in the Registry
      of this Court along with accrued interest thereon shall be
      refunded to the appellant-Insurance Company on production
      of receipt showing deposit of the modified compensation
      amount and interest before the learned Tribunal.

                 M.A.C.A. is accordingly disposed of.

                                                .........................
                                          S.C.Parija, J.

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