In Fao No.828/2018 vs Susanta Kumar Sahu & Anr
2021 Latest Caselaw 8789 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MACA NO.828 OF 2018
                                        &
                                 MACA NO.698 OF 2018
            In FAO No.828/2018.
            Jasoda Pradhan & Ors.                   ....          Appellants
                                                   Mr.P.K.Mishra, Advocate
                                        -versus-
            Susanta Kumar Sahu & anr.               ....        Respondents

                                                        None for Res.No.1
                                       Mr.G.P.Dutta, Advocate for Res.No.2

            In FAO No.698/2018
            B.M., The New India Assurance
            Company Ltd.                           ...           Appellant
                                                   Mr.G.P.Dutta, Advocate
                                        -versus-

            Jasoda Pradhan & Ors.                   ...         Respondents

                                 Mr.P.K.Mishra,Advocate for Res.Nos.1 to 3
                                                       None for Res.No.4

                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

24.08.2021 Order No.

19. 1. In view of the memos filed in Court today in MACA

No.828/2018 and MACA No.698/2018, the names of Appellant

No.2 and Respondent No.2 respectively be deleted from the Cause

Title of the Appeals.

// 2 //

2. Both the Appeals arise out the common judgment & award

dated 20.2.2018 passed by the 4th Motor Accident Claims Tribunal,

Angul, Baleswar in MAC No.26 of 2016.

3. Considering the rival contentions of the parties and taking

into account the grounds taken in the Appeals and keeping in view

the judgment of the Hon'ble apex Court in Sebastiani Lakra & Ors

vrs. National Insurance Company Ltd. & anr.: (2018) 4 TAC 367,

this Court finds, there is slight irregularity in the matter of

compensation so far it relates to income of the deceased, but

however, considering that the accident has occurred in the year

2016, this Court instead of remanding the matter, reduces the

awarded amount from Rs.1,17,23,488/- (Rupees one crore seventeen

lakh twenty-three thousand four hundred eighty-eight) only to

Rs.99,00,000/- (Rupees ninety-nine 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 surviving 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 //

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 MACAs.

stand disposed of.

(Biswanath Rath) Judge

M.K.Rout