This Matter Is Taken Up By Video ... vs Unknown
2021 Latest Caselaw 6710 Ori

                                MACA No.790 of 2020




5.   29.06.2021          I.A. No.1418 of 2020
                         This matter is taken up by video conferencing mode.
                         Heard Mr. P.K. Mahali, learned counsel for Appellant
                  and Mr. K. Panigrahi, learned counsel for the Respondent
                  Nos.1 to 3.
                         This application is filed for condoning the delay in
                  filing the appeal.
                         Considering the rival contentions of the parties, delay
                  in filing of the appeal stands condoned, but subject to the
                  Appellant's    paying   a   sum   of   Rs.4000/-   (rupees   four
                  thousand only) to the Respondent nos.1 to 3 within seven
                  days hence, as undertaken by the learned counsel for the
                  Appellant.
                         I.A. stands disposed.


                                                     ..............................

(Biswanath Rath, J.)

6. MACA No.790 of 2020 29.06.2021 Since delay in filing the MACA No.790 of 2020 is condoned, on consent of the parties, the appeal is taken up for final disposal.

Heard Mr. P.K. Mahali, learned counsel for the Appellant and Mr. K. Panigrahi, learned counsel for the Respondent Nos.1 to 3.

The present appeal arises out of the judgment & award dated 10th December, 2019 passed by the learned 4th Motor Accident Claims Tribunal, Cuttack in MAC No.378 of 2012/197 of 2016.

Considering the rival contentions of the parties and taking into account the grounds taken in the memorandum of appeal, this Court finds, there is slight irregularities in the

matter of grant of compensation so far it relates to a case of head-on-collusion between two vehicles, income of the deceased, higher compensation in general damage head, but however, considering that the accident has occurred in the year 2011, this Court instead of remanding the matter, reduces the awarded amount from Rs.13,26,000/- (rupees thirteen lakhs twenty six thousand) only to Rs.9,50,000/- (rupees nine lakhs fifty thousand) only. The Insurance Company is directed to deposit the modified awarded amount with interest @6% per annum from the date of claim application, before the Tribunal within a period of eight weeks hence and the same shall be disbursed in favour of the claimant(s) proportionately as per the terms & conditions made in the order of the Tribunal, but upon sufficient proof of identification before the Tribunal, within a period of two weeks thereafter.

On deposit of the awarded amount before the Tribunal and filing of a receipt before this Court in token of such deposit with a refund application, the statutory deposit with accrued interest shall be refunded to the Insurance Company.

With the aforesaid observation and direction the MACA stands disposed of.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021.

..............................

Ayas                                       (Biswanath Rath, J.)