During Course Of Submission vs Unknown
2021 Latest Caselaw 4962 Ori

                         MACA NO.465 OF 2016




8   9.4.2021                This matter is taken up by video conferencing
               mode.
                            Heard learned counsel for the Parties.
                            This is an Appeal at the instance of the Insurance
               Company involving a challenge to the award passed by the
               Additional    District     Judge-cum-4th      M.A.C.T.,       Keonjhar
               involving M.A.C. Case No.72/202 of 2015-10.
                            During      course   of   submission,        there   is   no
               disagreement that there has been grant of excess amount on
               certain   heads.   Both     the   Parties   agree    to    reduce      the
               compensation awarded by the Tribunal from Rs.9,14,000/- to
               Rs.8,84,500/-. As a result, the Appeal stands disposed of in
               the spirit of Lok Adalat reducing the compensation amount
               from Rs.9,14,000/- (Rupees nine lakh fourteen thousand) to
               Rs.8,84,500/- (Rupees eight lakh eighty-four thousand five
               hundred). Other directions involving the impugned judgment
               involved herein remains intact. For the reduction in the
               compensation amount on disposal of the Appeal, the
               Insurance Company is directed to deposit the aforesaid
               reduced amount along with interest granted by the Tribunal
               from the date of filing of the Application before the Tribunal
               within two months for release in favour of the Claimants,
               failing which it will carry interest @ 8% per annum all
               through, i.e., from the date of default till the date of payment.
               Liberty is granted to the Insurance Company to proceed
               against the owner of the offending vehicle for recovery of the
               awarded amount as above.
m
                            As the restrictions due to the COVID-19 situation
               are continuing, learned counsel for the Parties may utilise a
                    2




soft copy of this order available in the High Court's Website or
print out thereof at par with certified copy in the manner
prescribed, vide Court's Notice No.4587 dated 25th March,
2020.


                               ..............................
                               Biswanath Rath, J.