Orissa High Court
Regional Manager vs Santosh Ku. Sethi & Anr on 19 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
MACA No.672 of 2018
Regional Manager, Oriental .... Appellant
Insurance Co. Ltd.
Mr. M.Ch. Nayak,
Advocate
-versus-
Santosh Ku. Sethi & Anr. .... Respondents
Mr. P.K. Mishra,
Advocate for the R.-1
CORAM:
JUSTICE BISWANATH RATH
ORDER
19.08.2021
Order No. I.A. No.131 of 2019
07. 1. Considering the rival contentions of the parties and finding
the reason of delay in filing the appeal being genuine, delay in filing
of the appeal stands condoned.
2. I.A. stands disposed of.
(Biswanath Rath)
Judge
I.A. No.432 of 2019
08. In view of the order passed today in I.A. No.131 of 2019, no
further order is necessary to be passed in this I.A., which is, hereby,
dropped.
(Biswanath Rath)
Judge
// 2 //
I.A. No.739 of 2020
09. 1. This I.A. is filed seeking a direction for impleading
Sri Krushna Chandra Sethi as a respondent to the appeal.
2. Considering the rival contentions of the parties, this Court
directs, Sri Krushna Chandra Sethi be added as respondent no.3 to
the appeal bearing MACA No.672 of 2018. Consolidated cause title
be filed within five working days hence.
3. With the aforesaid direction the I.A. stands disposed of.
(Biswanath Rath)
Judge
I.A. No.934 of 2020
10. 1. In view of the order passed today in I.A. No.739 of 2020, no
further order is necessary to be passed in this I.A., which is, hereby,
dropped.
(Biswanath Rath)
Judge
11. MACA No.672 of 2018
1. Since delay in filing the MACA No.672 of 2018 is
condoned, on consent of the parties, the appeal is taken up for final
disposal.
2. The present appeal arises out of the judgment & award dated
27.12.2017 passed by the 1st MACT, Nayagarh in M.A.C No.68 of
2014.
// 3 //
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, but however, considering that the accident has
occurred in the year 2013, this Court instead of remanding the
matter, reduces the awarded amount to a sum of Rs.5,75,000/-
(Rupees Five lakhs seventy-five thousand) only as consolidated. The
Insurance Company is directed to deposit the modified awarded
amount in MAC No.68 of 2014, 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.
5. With the aforesaid observation and direction the MACA
stand disposed of.
(Biswanath Rath)
Judge
A.K. Jena
