Bajaj Allianz General Insurance vs Padmabati Shial & Ors
2021 Latest Caselaw 8790 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MACA No.1453 OF 2015

            Bajaj Allianz General Insurance         ....             Appellant
            Company Ltd.
                                                    Mr.G.P.Dutta, Advocate

                                        -versus-
            Padmabati Shial & Ors.                  ....          Respondents
                                   Mr.B.Singh, Advocate for Res.No.1 to 4
                                      Mr.S.P.Deo, Advocate for Res.No.5
                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

24.08.2021 Order No.

19. 1. The present appeal arises out the judgment & award dated 24th November, 2015 passed by the learned Motor Accident Claims Tribunal-I, Baleswar in MAC No.463 of 2013.

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 and application of multiplier of the deceased, but however, considering that the accident had occurred in the year 2013, this Court instead of remanding the matter, reduces the awarded amount from Rs.58,17,114/- (Rupees fifty eight lakh seventeen hundred one hundred fourteen) only to Rs.53,00,000/- (Rupees fifty three lakh) only with right to recovery as granted by the Tribunal. 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

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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. 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.

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

(Biswanath Rath) Judge M.K.Rout