Claim Manager vs Prabhakar Choudhury And Others
2021 Latest Caselaw 12830 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   MACA No.239 of 2018

            Claim Manager, SBI General
            Insurance Company Ltd.                   ....        Appellant
                                                    Mr.G.P.Dutta, Advocate
                                    -versus-
            Prabhakar Choudhury and others             ....        Respondents
                                                     Mr.P.K.Behera, Advocate
                                                   (for Respondent Nos.1 to 3)

                         CORAM:
                         JUSTICE B. P. ROUTRAY
                                       ORDER

14.12.2021 Order No.

6. 1. Heard Mr.G.P.Dutta, learned counsel for the Appellant-

Insurance Company and Mr. P.K. Behera, learned counsel for the Claimants-Respondents 1 to 3.

2. The present appeal by the Insurance Company is directed against the judgment/award dated 12th December, 2017 passed by the learned 1st M.A.C.T., Koraput at Jeypore in MAC Case No.88 of 2016, wherein the learned Tribunal has granted compensation to the tune of Rs.39,68,000/- along with interest @7% per annum on account of death of the deceased in the accident dated 29th May, 2016.

3. It is submitted by the Appellant that the deceased being aged about 59 years at the time of death, multiplier should be in split method instead of whole multiplier '9' keeping in view the age of retirement of the deceased.

4. After hearing the learned counsel for the claimants- Respondents and considering the submissions, without getting into further details in computation arrived by the tribunal, the compensation amount is reduced to Rs.36,00,000/- (Thirty six lakhs) along with interest.

5. Learned counsel for the claimants-Respondents agrees for the said amount.

6. Accordingly, the Appellant-Insurance Company is directed to deposit the entire compensation amount of Rs.36,00,000/-(Thirty six lakhs) along with interest @6% per annum from the date of filing of the claim application i.e., 4th August, 2016 before the learned Tribunal within a period of eight weeks from today, whereafter the same shall be disbursed by the learned Tribunal in favour of the claimants in terms of its order.

7. The appeal is disposed of.

8. The statutory deposit made by the Appellant be refunded to him on proper application on production of proof of deposit of the awarded amount before the learned Tribunal.

.

( B.P. Routray) Judge C.R.Biswal