Orissa High Court
MACA/295/2020 on 5 February, 2021
MACA No.295 of 2020
I.A. No.905 of 2020
04. 05.02.2021 This matter is taken up through Video Conferencing
because of COVID-19.
This is an application for condonation of delay in
filing the appeal. There is delay of 269 days in filing the
appeal. Cogent and sufficient reasons have been assigned
for condoning delay.
Considering the grounds urged in the Interlocutory
Application and after hearing the respective counsels, delay
occasioned in filing appeal is condoned in the interest of
justice.
The I.A. is accordingly disposed of.
.........................
P. Patnaik, J.
I.A. No.478 of 2020
05. 05.02.2021 This matter is taken up through Video Conferencing
because of COVID-19.
This Interlocutory Application has been filed by
the appellant for time to pay the deficit Court fees.
Heard Mr. B.C. Singh, learned counsel for the
appellant and Mr. Pradeep Kumar Mishra, learned counsel
for the respondents.
Mr. Singh, learned counsel for the appellant
undertakes to pay the deficit court fees in course of the
day.
The I.A. is disposed of accordingly.
........................
P. Patnaik, J.
MACA No.295 of 2020
06. 05.02.2021 Heard.
Though this matter is listed under the heading for
orders, with the consent of respective the parties the same
is taken up for final disposal.
Registry has reported that the cheque deposited by
the Insurance Company has become invalid and the same
needs to be revalidated.
Accordingly, it is directed that the invalidated cheque
be returned to the concerned Insurance Company within a
period of one week hence from the date of the order.
The appellant-insurance company has filed the present
appeal challenging the impugned judgment dated
08.04.2019 passed by the learned 1st Additional District
Judge-cum-1st MACT, Cuttack in MAC Case No.170 of 2015
wherein the learned Tribunal has awarded a sum of
Rs.23,96,181/-(rupees twenty-three lakhs ninety-six
thousand one hundred eighty-one) only to the claimants
with interest @ 6% per annum from the date of filing of the
application, i.e., 25.03.2015 within a period of two months
hence.
Learned counsel for the appellant-Insurance Company
submitted that the learned Tribunal in a cryptic manner,
without appreciating the documents and materials in its
proper perspective arbitrarily settled the liability of the
appellant as such the impugned award passed by the
learned Tribunal is liable to be set aside.
Further, it is submitted that the learned Tribunal has
erred in law in directing the Insurance Company to pay the
amount within two months failing which the said amount will
carry interest @ 12% when the Statute provides for filing of
appeal 90 days and also it is the settled law that there
cannot be any direction to pay interest on a different clause.
Learned counsel for the claimant-respondents
supports the impugned award passed by the learned
Tribunal on the ground that there is no infirmity or illegality
in awarding the impugned award. Since there is no infirmity
or illegality in passing the award by the learned Tribunal no
interference of this Court is warranted to set aside the award
passed by the learned Tribunal. Learned counsel for the
claimant-respondents further submits that the appellant-
Insurance Company has neither adduced any oral nor any
documentary evidence rather the claimant-respondents have
proved their case by adducing the oral evidence along with
documentary evidence under Exts.
Considering the submissions made by learned counsel
for respective parties and on perusal of the grounds taken
by the parties in the memorandum of appeal, this Court is of
the considered view that the awarded amount should be
modified and reduced from Rs.23,96,181/-(rupees twenty-
three lakhs ninety-six thousand one hundred eighty-one) to
Rs.22,80,000/-(rupees twenty-two lakhs eighty thousand)
with 6% interest from the date of application till realization.
Accordingly, the impugned award is modified and reduced
from Rs.23,96,181/-(rupees twenty-three lakhs ninety-six
thousand one hundred eighty-one) to Rs.22,80,000/-(rupees
twenty-two lakhs eighty thousand) with 6% interest per
annum from the date of application till realization.
The Insurance Company is directed to deposit the
modified awarded amount of Rs.22,80,000/-(rupees twenty-
two lakhs eighty thousand) with 6% interest from the date
of filing of the claim case till realization before the learned
Tribunal within a period of eights weeks from today. On
depositing the modified awarded amount, the same shall be
disbursed in favour of the claimants proportionately as per
the order of the learned Tribunal.
The statutory amount if deposited by the insurance
company be refunded with accrued interest to the insurance
company on showing the receipt of deposit of the modified
awarded amount before the learned Tribunal.
Liberty is granted to the Insurance Company to
proceed against the owner of the offending vehicle for
recovery under Section 174 of the M.V. Act.
The MACA is disposed of accordingly.
As restrictions are continuing due to COVID-19
pandemic, learned counsel for the parties may utilize the
soft copy of this order available in the High Court's official
website or print out thereof at par with certified copies in the
manner prescribed, vide Court's Notice No. 4587 dated
25.03.2020.
.........................
P. Patnaik, J.
JB
