The Oriental Insurance Co. Ltd vs Kunal Singh And Another
2021 Latest Caselaw 12460 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      MACA No.851 of 2019

             The Oriental Insurance Co. Ltd.               ....          Appellant
                                                      Mr. S.J. Pradhan, Advocate
                                           -versus-
             Kunal Singh and another               ....       Respondents
                       Mr. B.N. Samantaray, Advocate for Respondent No.1

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                         ORDER

04.12.2021 Order No. I.A. No.1728 of 2019

07. 1. Heard Mr. S.J. Pradhan, learned counsel for the Appellant-

Insurance Company as well as Mr. B.N. Samantaray, learned counsel for the Respondent No.1-claimant.

2. Upon hearing both the parties and considering the grounds mentioned in the petition, the delay in filing the appeal is condoned.

3. I.A. is disposed of.

MACA No.851 of 2019

4. On the consent of both the parties, the matter is taken up for final hearing.

5. Mr. Pradhan, learned counsel for the Appellant-Insurance Company submits that the challenge is mainly on the quantum. Accordingly, the notice on Respondent No.2-owner is not considered necessary for the time being.

6. The present appeal has been filed by the Insurance Company against the award dated 22.7.2019 of the learned 3rd MACT, Bhubaneswar in MCA Case No.334/248 of 2013 wherein the learned Tribunal has granted compensation of Rs.6,00,000/- along with 7% interest per annum to the claimant from the date of filing of the application i.e.16.12.2013.

7. Having heard both parties and going through the impugned judgment, the awarded amount is reduced to Rs.5,50,000/-. All other terms in the impugned judgment remain unaltered except the penal interest. The penal interest @8% per annum is waived.

8. Accordingly, the Insurance Company is directed to deposit the modified amount along with interest before the learned Tribunal within a period of eight weeks from today; where-after the same shall be disbursed to the claimant on the same proportion and terms as directed by the learned Tribunal.

9. On deposit of the award amount before the learned Tribunal and filing of a receipt evidencing the deposit with a refund application before this Court, the statutory deposit made before this Court with accrued interest thereon shall be refunded to the Appellant-Insurance Company.

10. The MACA is disposed of.

11. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik