Future General India Insurance vs Ras Dei Goud & Ors
2021 Latest Caselaw 8670 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MACA No.432 of 2019

            Future General India Insurance           ....            Appellant
            Co. Ltd.
                                                             Mr. A.A. Khan,
                                                                  Advocate

                                       -versus-

            Ras Dei Goud & Ors.                      ....          Respondents
                                                               Mr. D. Mund,
                                                    Advocate for the R.-1 & 2


                        CORAM:
                        JUSTICE BISWANATH RATH
                                      ORDER

19.08.2021

Order No. I.A. No.1177 of 2019

07. 1. Considering the rival contentions of the parties, delay in filing of the appeal stands condoned.

2. I.A. stands disposed of allowing the same.

(Biswanath Rath) Judge

08. MACA No.432 of 2019

1. Since delay in filing the MACA No.432 of 2019 is condoned, on consent of the parties, the appeal is taken up for final disposal.

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2. The present appeal arises out of the judgment & award dated 11.01.2019 passed by the 1st MACT, Kalahandi in MAC No.29 of 2016.

3. Considering the rival contentions of the parties and taking into account the grounds taken in the appeal, this Court while finding no scope for enhancement of the awarded amount, on the other hand finds, there is slight irregularities in the matter of compensation so far it relates to assessment of monthly income, but however, considering that the accident has occurred in the year 2015, this Court instead of remanding the matter, reduces the awarded amount from Rs.6,94,000/- (Rupees Six lakh ninety-four thousand) only with interest @6.5% per annum to Rs.8,40,000/- (Rupees Eight lakh forty thousand) only as consolidated. The Insurance Company is directed to deposit the modified awarded amount in MAC No.29 of 2016, before the Tribunal within a period of six weeks hence and the same shall be disbursed in favour of the claimant(s) proportionately as per the terms & conditions in the order of the Tribunal, but upon submission of sufficient proof of identification before the Tribunal within a period of two weeks thereafter.

4. On deposit of the awarded amount before the Tribunal and filing of a receipt before this Court in token of such deposit with a refund application, the statutory deposit with accrued interest shall be refunded to the Insurance Company.

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5. With the aforesaid observation and direction the MACA stand disposed of.

(Biswanath Rath) Judge

A.K. Jena