New India Assurance Company vs Rabin @ Asutosh Mohapatra &
2021 Latest Caselaw 8787 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MACA NO.574 OF 2020

            New India Assurance Company            ....             Appellant
            Ltd.
                                                   Mr.B.C.Singh, Advocate

                                        -versus-
            Rabin @ Asutosh Mohapatra &      ....         Respondents
            anr.
                                Mr.P.K.Mishra, Advocate for Res.No.1

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

24.08.2021

I.A.NO.902 OF 2020 Order No.

5. 1. Since the certified copy of the judgment is available in MACA No.573/2020, filing of certified copy of the same is dispensed with.

2. The I.A. stands disposed of.

(Biswanath Rath) Judge I.A.NO.294 OF 2021

6. 1. Considering the delay of 97 days, this Court condones the delay in filing the Appeal subject to payment of cost of Rs.1500/- (rupees fifteen hundred), which is paid to the learned counsel for the Respondents in Court.

2. The I.A. stands disposed of.

(Biswanath Rath) Judge

// 2 //

MACA NO.574 OF 2020

7. 1. The present appeal arises out the judgment & award dated 22.1.2020 passed by the learned 1st Motor Accident Claims Tribunal, Jagatsinghpur in MAC No.441 of 2015.

2. Considering the rival contentions of the parties and taking into account the grounds taken in the appeal, this Court finds, there is slight irregularities in the matter of compensation so far it relates to assessment of the quantum of compensation, 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.72,245/- (Rupees seventy two thousand two hundred forty five) only to Rs.65,000/- (Rupees sixty five thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest @ 6% per annum from the date of claim application, before the Tribunal within a period of eight weeks hence and the same shall be disbursed in favour of the claimant(s) proportionately as per the terms & conditions made in the order of the Tribunal, but upon sufficient proof of identification before the Tribunal within a period of two weeks thereafter. However, right of recovery may be granted to the appellant if recoverable in accordance with law.

3. 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.

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

(Biswanath Rath) Judge M.K.Rout