D.M. vs Kunja Bihari Mirdha & Ors
2021 Latest Caselaw 8955 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               MACA NO.362 OF 2019

            D.M., United India Insurance Co. Ltd.   ....               Appellant

                                                    Mr.M.Sinha, Sr. Advocate

                                         -versus-

            Kunja Bihari Mirdha & Ors.              ....           Respondents

                                  Mr.P.K.Mishra, Advocate for Res.Nos.1 & 2
                                                         None for Res.No.3


                      CORAM:
                      JUSTICE BISWANATH RATH
                                       ORDER

26.08.2021 Order No.

07. 1. Heard learned counsel for the Parties in part.

2. The present appeal arises out the judgment & award dated 9.5.2019 passed by the learned 1st Motor Accident Claims Tribunal, Cuttack in MAC No.132 of 2018.

3. Considering the rival contentions of the parties and taking into account the grounds taken in the appeal specifically on the ground nos.4, 6 & 9, 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 accident has occurred in the year 2017, this Court instead of remanding the matter, reduces the awarded amount from Rs.7,69,209/- (Rupees seven lakh sixty nine thousand two hundred nine) only to Rs.6,20,000/- (Rupees six lakh twenty thousand) only. The Insurance Company is directed to

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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. Right of recovery granted by the Tribunal is confirmed with an addition as to whether the policy covers the liability of the pillion rider.

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 M.K.Rout