Orissa High Court
MACA/687/2018 on 22 January, 2021
MACA No.687 of 2018
Misc. Case No.54 of 2021
06. 22.01.2021 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 10 days in filing the
appeal.
Considering the grounds stated in the Misc. Case,
delay of 10 days in filing the appeal is condoned.
The I.A. is accordingly disposed of.
.........................
P. Patnaik, J.
MACA No.687 of 2018
07. 22.01.2021 This matter is taken up through Video Conferencing
because of COVID-19.
Heard Mr. G.P. Dutta, learned counsel for the
appellant-Insurance Company and Mr. Pradeep Kumar
Mishra, learned counsel for the respondents.
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.
The appellant-insurance company has filed the
present appeal challenging the impugned judgment dated
21.02.2018 passed by the learned 1st Additional District
Judge-cum-1st MACT, Cuttack in MAC Case No.779 of 2010
wherein the learned Tribunal has awarded a sum of
Rs.30,13,210/-(rupees thirty lakhs thirteen thousand two
hundred ten) only to the claimants with interest @6% per
annum from the date of filing of the application, i.e.,
12.10.2010 within a period of two months.
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. It is further
submitted that the learned Tribunal has acted illegally and
with material irregularity in holding the monthly income of
the deceased at Rs.13,269/- on the basis of Ext.19 when
the same has not been proved by the claimants. Learned
Tribunal also acted illegally in adding 50% towards future
prospect of the deceased without ascertaining the income
of the deceased after deduction of income tax as has been
held by the Hon'ble Supreme Court. Lastly, 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. 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.30,13,210/-(rupees thirty
lakhs thirteen thousand two hundred ten) to
Rs.25,00,000/-(rupees twenty-five lakhs) with 6% interest
from the date of application till realization. Accordingly, the
impugned award is modified and reduced from
Rs.30,13,210/-(rupees thirty lakhs thirteen thousand two
hundred ten) to Rs.25,00,000/-(rupees twenty-five lakhs)
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.25,00,000/-(rupees
twenty-five lakhs) 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.
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
