Orissa High Court
MACA/644/2018 on 11 January, 2021
MACA No.644 of 2018
MACA Nos.644 and 606 of 2018
08. 11.01.2021 Matters are taken up through video conferencing.
Mattere are listed today for orders on being
mentioned by the Insurance Company for correction of the order
passed on 19.12.2020 in both the cases.
Heard learned counsel appearing for the parties.
Mr. S.S. Ahmed, Regional Manager of the Oriental
Insurance Co. Ltd, Regional Office, Bhubaneswar is also
connected through virtual mode.
In MACA No.644/2018, appellants-claimants
challenge the order passed on 12.12.2017 in MAC No.16/2016
by the learned Member, 1st Motor Accident Claims Tribunal,
Mayurbhanj, Baripada to enhance the compensation amount of
Rs. 07,04,728/- along with reasonable rate of interest.
In MACA No.606/2018, the appellant-Insurance
Company challenges the self-same order as has been passed in
the aforesaid case by the learned Member to reduce the aforesaid
compensation amount along with interest.
On compromise the parties have settled that a sum
of Rs.6,75,000/-(rupees six lakh seventy-five thousand) only
along with interest @ 6% p.a. from the date of filing of the claim
petition shall be paid to the claimants as a modified amount
within a period of two months of receipt of the order. The right of
recovery as granted by the Tribunal may be confirmed.
Hence, both the MACAs are disposed of with the
modified order that the Insurance Company shall pay a sum of
2
Rs.6,75,000/- (rupees six lakh seventy-five thousand) along with
interest @ 6% (modified) by depositing the same in the Tribunal
within eight weeks from the date of receipt of this order. On such
deposit the modified amount, it shall be disbursed
proportionately to the claimants in consonance with the direction
given by the Tribunal in the impugned judgment. The right of
recovery as granted by the Tribunal is hereby confirmed.
Accordingly, on the basis of the submisions and
memo filed by the parties, the order dated 19.12.2020 passed in
both the MACAs is modified. The observations made in the
National Lok Adalat awarding interest at the rate of 9% per
annum from the date of filing of the claim petition shall not be
given effect to.
Statutory amount deposited before the Registrar
(Judicial) of this Court in MACA No. 606/2018 be refunded to the
Insurance Company along with interest accured thereon, after
showing receipt of payment of the modified amount.
As restrictions are continuing for COVID-19, learned
counsel for the parties may utilize the soft copy of this order
available in the High Court's website or print out thereof at par
with certified copies in the manner prescribed, vide Court's Notice
No.4587, dated 25.03.2020.
.........................
S.K. Mishra, J.
pcd
MACA No.909 of 2019
03. 20.12.2019 Statutory amount of Rs.25,000/- deposited in the shape
of account payee cheque be invested in an interest bearing account
of any nationalised Bank.
List this matter in the 3rd week of January, 2020, after
re-opening of the Court, after ensuing winter holidays.
.........................
S.K. Mishra, J.
pcd
.........................
S.K. Mishra, J.
MACA No.7098 of 2019
03. 14.11.2019
Statutory amount of Rs.25,000/- deposited in the shape
of account payee cheque be invested in an interest bearing account
of any nationalised Bank.
After payment of deficit Court fee, list it.
.........................
S.K. Mishra, J.
pcd
05.09.2019
