Roual Sundaram Alliance vs Premananda Panda & Another
2021 Latest Caselaw 8958 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                MACA No.128 of 2019

            Roual     Sundaram      Alliance    .....             Appellant
            Insurance Company Limited
                                                              Mr.A.A.Khan, Advocate


                                           - Versus-.


            Premananda Panda   & Another        .....             Respondents
                                                         Mr.P.K.Mishra
                                                        (Respondent no.1)
                          CORAM:
                              JUSTICE BISWANATH RATH



                                        ORDER

26.07.2021 Order No. On consent of the parties, the appeal is taken up for final

disposal.

2. Heard Mr.A.A. Khan, learned counsel for Appellant and Mr. P.K. Mishra, learned counsel for Respondent No.1.

3. The present appeal arises out the judgment & award dated 26.11.2018 passed by the learned 3rd. Motor Accident Claims Tribunal, Bhubaneswar in MAC No.81/36 of 2017.

4. 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 accident has occurred in the year 2017, this Court instead of remanding the matter, reduces the awarded amount from Rs.20,46,000/- (Rupees Twenty lakhs forty six thousand) only to Rs.14,50,000/- (Rupees fourteen lakhs fifty thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest @ 7% 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.

5. 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.

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

                                           (BISWANATH RATH)
Sks                                             JUDGE