Divisional Manager vs Lima Patra & Ors
2021 Latest Caselaw 8788 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MACA NO.654 OF 2019

            Divisional Manager, M/s.National        ....             Appellant
            Insurance Company Ltd.
                                                 Mr.P.K.Mohanty, Advocate

                                        -versus-
            Lima Patra & ors.                       ....          Respondents
                                Mr.P.K.Mishra, Advocate for Res.Nos.1 to 4

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

24.08.2021 I.A.NO.1254 OF 2019 Order No.

4. 1. Considering the delay of 175 days, this Court condones the delay in filing the Appeal subject to payment of cost of Rs.2000/- (rupees two thousand), which is paid to the learned counsel for the Respondents in Court.

2. The I.A. stands disposed of.

(Biswanath Rath) Judge MACA NO.654 OF 2019

5. 1. The present appeal arises out the judgment & award dated 21.1.2018 passed by the learned 3rd Motor Accident Claims Tribunal, Talcher in MAC No.33 of 2017.

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 income of the deceased, but however, considering that the

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accident has occurred in the year 2017, this Court instead of remanding the matter, reduces the awarded amount from Rs.16,82,800/- (Rupees sixteen lakh eighty two thousand eight hundred) only to Rs.12,00,000/- (Rupees twelve lakh) 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.

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 unutilized cheque towards the statutory deposit 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