Divisional Manager vs Renubala Garnaik & Others
2021 Latest Caselaw 8960 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MACA No.350 of 2019
            Divisional Manager, Oriental     ....                      Appellant
            Insurance Company Limited                    Mr.A.A.Khan, Advocate

                                           -versus-

            Renubala Garnaik & Others        ....                    Respondents
                                                         Ms.P.K.Mishra, Advocte
                                                           (For Respondent Nos.1 & 2)



                     CORAM:
                     JUSTICE BISWANATH RATH
Order No.                              ORDER
   5                                  26.08.2021
                                  I.A.No.667 of 2019
              1.   Heard.
              2.   This is an application seeking extension of time to
              deposit the court fee.
              3.    Court fee since paid in the meantime, the same be
              accepted.
              4.       I.A. stands disposed of.
                                                      (Biswanath Rath)
                                                            Judge
                                       ORDER

26.08.2021 I.A.Nos.1250 of 2019 & 231 of 2020 Order No.

1. Heard learned counsel appearing for the parties.

6.

2. Considering the reasons stated in the applications, 95 days delay in filing the appeal stands condoned but, however, subject to payment of cost of Rs.1500/- (Rupees fifteen hundred) only to the claimant, which is paid in Court today.

4. I.As. stand disposed of.

(Biswanath Rath) Judge

// 2 //

ORDER 26.08.2021 MACA No.350 OF 2019 Order No.

7. 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 Nos.1 & 2.

3. The present appeal arises out the judgment & award dated 4.12.2020 passed by the learned 1st Motor Accident Claims Tribunal, Angul in MAC No.72 of 2016.

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 2016, this Court instead of remanding the matter, reduces the awarded amount from Rs.39,46,210/- (Rupees Thirty nine lakhs forty-six thousand two hundred ten) only to Rs.31,58,000/- (Rupees thirty one lakhs fifty eight thousand) 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.

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

// 3 //

Insurance Company.

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

(Biswanath Rath) Judge